⚖️ Polity & GovernanceUPSC 2014Salient Features of RPA

Which of the following are the discretionary powers given to the Governor of a State?1. Sending a report to the President of India for imposing the President’s rule2. Appointing the Ministers3. Reserving certain bills passed by the State Legislature for consideration of the President of India4. Making the rules to conduct the business of the State GovernmentSelect the correct answer using the code given below:

a1 and 2 only
b1 and 3 only
c2, 3 and 4 only
d1, 2, 3 and 4
✓ Correct answer: b) 1 and 3 only
ExplanationStatement 1 is correct: Under Article 356, President’s Rule is imposed if the President, upon receipt of the report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of the Constitution.This comes under the discretionary power of the Governor.Statement 2 is incorrect: Article 164 (1) states that Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor.Statement 3 is correct: As per Article 200 the Governor of a state can use his legislative power to reserve the bill for the consideration of the President.Statement 4 is incorrect: Making the rules to conduct the business of the State Government does not come under Governor’s discretionary power.In the Nabam Rebia judgement (2016), the Supreme Court held that the exercise of Governor’s discretion under Article 163 is limited and his choice of acti

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