The discretionary power of a Governor under the Constitution of India is most limited in which of the following situations related to the functioning of the state legislature and government?

Introduction / Context:

This question examines your understanding of the discretionary powers of a Governor in India. While the Governor normally acts on the aid and advice of the Council of Ministers, there are certain situations where the Governor has some discretion. However, the extent of discretion varies with the situation. The question asks where the Governor s discretionary power is most limited among the given options.

Given Data / Assumptions:

• The office in question is the Governor of an Indian state.
• The options list various scenarios such as appointment of the Chief Minister, dismissal of the ministry, dissolution of the Assembly and assent to Bills.
• The phrase discretionary powers is used in the sense of the Governor acting independently of ministerial advice in certain circumstances.
• You are expected to know where the Governor relies most on the elected government s advice and has the least independent room for decision.

Concept / Approach:

Under the parliamentary system, a Governor generally acts on the advice of the Council of Ministers, with some exceptions such as when appointing a Chief Minister after an inconclusive election, recommending President Rule or reserving certain Bills for the President. In the matter of giving assent to Bills passed by the state legislature, the Governor usually follows the advice of the state government except in limited cases where the Constitution specifically requires reservation for the President or allows withholding of assent. Compared to situations like appointing a Chief Minister in a hung house or dismissing a government that has clearly lost majority, the scope for independent discretion is more limited in routine assent to Bills.

Step-by-Step Solution:

Verification / Alternative check:

Constitutional provisions and Supreme Court judgments emphasise that the Governor is normally bound by the advice of the Council of Ministers and that discretion exists only in narrowly defined areas. Commentaries on state government and Governor s role usually highlight appointment of the Chief Minister, recommending President Rule and decisions in uncertain majority situations as key discretionary fields, whereas assent to Bills is largely guided by the ministry s advice and constitutional requirements, leaving relatively less personal discretion.

Why Other Options Are Wrong:

Appointment of the Chief Minister, especially after a hung Assembly, involves substantial discretion in identifying which leader can command majority support.

Dismissal of the Council of Ministers when it has lost majority support requires the Governor to make a judgment on whether the ministry can continue, again implying significant discretion.

Dissolution of the Legislative Assembly often depends on recommendations of the ministry but may also involve the Governor s discretion in special cases, particularly when no stable government is possible.

Sending a report to the President about breakdown of constitutional machinery is a crucial discretionary function that can lead to President Rule and therefore clearly involves independent assessment.

Common Pitfalls:

A common error is to assume that any formal act like assent to Bills must involve a lot of discretion. In reality, discretion is limited to what the Constitution expressly or by necessary implication allows. Students should carefully distinguish between situations where the Governor has to exercise personal judgment and those where the Governor mainly acts as a constitutional head following ministerial advice. This understanding helps avoid confusion in questions about discretionary powers.

Final Answer:

The Governor s discretionary power is most limited in the matter of assent to Bills passed by the State Legislature.