Ankit Kundra, B.A. LL.B., Panjab University SSGRC
INTRODUCTION
The parliamentary system of government is envisaged in the Indian Constitution, due to which President is the Head of the state of India, alike wise Governor is the Constitutional head of the states1 and all the executive power of the state is vested in him.
Numerous constitutional provisions give the President and Governor similar duties and responsibilities, but there is a major distinction: the governor has discretionary power, which the president of India does not. This article will examine the nature and extent of the governor's discretionary power.
ARTICLE 163
Article 163(1) of the constitution provides that the governor is to act in accordance with the advice of the council of ministers except in so far, as he is 'by or under this constitution required to exercise his functions or any of them in his discretion'.
The validity of anything done by the governor cannot be questioned on the grounds that he should not have acted at his discretion, according to Clause (2) of Article 163. If a question arises regarding whether or not a matter is one for which the governor is required to act at his discretion under this constitution, the governor's decision in that regard shall be final.
Thus, even if it hasn't been explicitly stated in the constitution, Article 163(2) implies that there are some situations in which the governor may exercise his or her discretion.
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