The decisions can be taken by the governor’s discretion which is categorized into two parts:
1. Constitutional
2. Situational
Constitutional Discretion of Governor:
Reserving Bills for President's Consideration: Governors can decide independently without the advice of the Council of Ministers when reserving a bill for the consideration of the President of India.
Recommendation for President's Rule: Governors can act at their own discretion when recommending the imposition of President's rule in the state.
Additional Charge as Administrator of Union Territory: The governor, when given an additional charge as the administrator of a Union Territory, can take actions at their own discretion.
Determining Royalties for Tribal District Councils: Governors have the constitutional discretion to determine the amount payable by the Government of Assam, Meghalaya, Tripura, and Mizoram to an autonomous Tribal District Council as royalties accruing from licenses for mineral exploration.
Seeking Information from Chief Minister: Governors can independently call upon the Chief Minister to seek information regarding administrative and legislative affairs.
Situational Discretion of Governor:
Appointment of Chief Minister: Governors can exercise situational discretion when appointing a Chief Minister, especially when no party has a clear majority in the election or when the incumbent dies in office.
Dismissal of Council of Ministers: Governors can dismiss the council of ministers in the state on the inability to prove confidence in the state legislative assembly.
Dissolution of State Legislative Assembly: Governors have situational discretion in dissolving the state legislative assembly, particularly when it loses its majority.
Other Situational Discretion Instances:
Establishing Development Boards: The governor, while consulting the council of ministers, can ultimately act at their own discretion in establishing separate development boards for Vidarbha and Marathwada in Maharashtra, Saurashtra and Kutch in Gujarat, and the Hyderabad-Karnataka region in Karnataka.
Law and Order in Specific Regions: Governors can exercise situational discretion with respect to law and order in specific regions, such as dealing with internal disturbance in the Naga Hills–Tuensang Area in Nagaland, administration of tribal areas in Assam, administration of hill areas in Manipur, and maintaining law and order in Arunachal Pradesh.
Peace and Development Initiatives: Governors can act at their discretion for the peace and social and economic advancement of different sections of the population in Sikkim.
These discretionary powers are typically exercised within the bounds of constitutional principles and legal frameworks, ensuring the proper functioning of the democratic system.
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