Tag: State Council of Ministers and Governor’s Discretionary Powers

INDIAN POLITY

State Council of Ministers and Governor’s Discretionary Powers The Indian Constitution outlines the appointment and conditions of service for members of the State Council of Ministers. According to this provision, the State Governor appoints the Chief Minister. The Governor also appoints other ministers on the advice of the Chief Minister. It is stipulated herein that all ministers shall hold office during the pleasure of the Governor. It further states that the State Council of Ministers shall be collectively responsible to the State Legislative Assembly. The Governor's Discretionary Powers Under certain circumstances, the Governor possesses the authority to act on his own discretion, without the advice of the Council of Ministers. Following a Legislative Assembly election, if no single party secures a clear majority, the Governor has the authority to select and appoint the Chief Minister. If there is reason to suspect that the State Government has lost its majority, the Governor may request the Chief Minister to prove his majority in the Legislative Assembly. The Governor has the authority to reserve a bill passed by the State Legislative Assembly for the consideration of the President. If the Governor deems that the constitutional machinery in the State has broken down, he may submit a report to the President recommending the imposition of President's Rule. In certain situations, the Governor may exercise discretionary powers regarding actions such as summoning or proroguing the Legislative Assembly, or dissolving the Assembly. The Governor has also been vested w