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Constitutional discretion refers to specific powers granted to the Governor by the Constitution of India, which allow them to act independently without being bound by the advice of the Council of Ministers. These powers are exercised in situations where the Governor plays a unique role as a constitutional authority, often ensuring the state adheres to the principles of the Constitution.
In simple terms, it means the Governor can make decisions on their own in certain scenarios, even if those decisions are contrary to the advice of the state government.
Reservation of a Bill for the President:
The Governor can decide to send a Bill passed by the state legislature to the President if they believe it might violate constitutional principles or conflict with central laws (Article 200).
Recommendation of President’s Rule:
If the Governor feels the state government cannot function according to the Constitution, they can recommend President’s Rule under Article 356. This is a significant discretionary power during political or administrative crises.
Role as Administrator of a Union Territory (UT):
When a Governor is given additional responsibility as an administrator of a UT, they exercise independent authority in that capacity, separate from their role in the state.
Deciding Royalties for Tribal Areas:
In certain northeastern states, the Governor determines how much royalty from mineral exploration is payable to autonomous tribal councils under the Sixth Schedule of the Constitution.
Seeking Information from the Chief Minister:
Under Article 167, the Governor can ask the Chief Minister for information regarding legislative or administrative matters of the state.
This balance ensures the Governor remains a key constitutional authority while also respecting the autonomy of the elected state government.