The Governor of state, unlike the President of India, is conferred with power to act at his own discretion. There are two categories of discretion for the governor. One is Constitutional Discretion and the other is Situational Discretion.
Constitutional Discretion of Governor
The Governors of states can act at their constitutional discretion in the following instances:
- When they have to reserve the bill for the consideration of the President of India, Governors can decide on their own without the advice of the Council of Ministers
- When he has to recommend for the President’s rule in the state, he can act at his own discretion
- When he is given an additional charge as the administrator of the Union Territory, he can take actions at his own discretion
- When he has to determine the amount payable by the Government of Assam, Meghalaya, Tripura and Mizoram to an autonomous Tribal District Council as royalty accruing from licenses for mineral exploration
- When he calls upon the Chief Minister to seek information regarding administrative and legislative affairs
Situational Discretion of the Governor
The Governors of states can act at their situational discretion in the following instances:
- When he has to appoint a Chief Minister after no party has a clear majority in the election or when the incumbent dies in the office
- When he dismisses the council of ministers on an inability to prove confidence in the state legislative assembly
- When he dissolves the state legislative assembly on time when it loses its majority