With reference to the governor being nominal executive in the state, which among the following statements is / are correct?
1. In all matters, governor is required to act in accordance with advise of council of ministers
2. In all matters, advise of the council of ministers in state is binding upon Governor
Choose the correct option from the codes given below:

Answer: [D] Neither 1 nor 2

This is a very important question. The constitutional position of the governor is different from president with the following respects:

  • The constitution as amended from time to time has now made it sure that President seldom takes decision on discretion. However, with respect to the Governor, the constitution envisages the possibility of his acting at times in his discretion. For example, after the 42nd amendment, advice of the CoM is binding upon the President. There is no such provision with respect to governor.
  • The Constitution has further made it clear that if any question arises whether a matter falls within the governor’s discretion or not, the decision of the governor is final and the validity of anything done by him cannot be called in question on the ground that he ought or ought not to have acted in his discretion. This implies that the governor has constitutional discretion in cases such as :
    • Reservation of a bill for the consideration of the President.
    • Recommendation for the imposition of the President’s Rule in the state.
    • While exercising his functions as the administrator of an adjoining union territory if he has been given additional charge of that territory.

This question is a part of GKToday's Integrated IAS General Studies Module