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In the Kerala Governor case (2023), the Supreme Court reiterated that Governors must act on the aid and advice of the Council of Ministers except in limited discretionary situations. Which of the following is a valid discretionary power of the Governor?
- Withholding assent to Bills indefinitely for political reasons
- Appointing Chief Minister in a hung Assembly
- Delaying summoning of Assembly sessions arbitrarily
- Reserving all Bills for President without justification
Answer: Appointing Chief Minister in a hung Assembly
Governor's discretionary powers (Article 163): (a) Valid discretion: Appointing CM when no party has clear majority, recommending President's Rule if constitutional machinery fails, reserving specific Bills for President (those derogating HC powers, conflicting with Union law, against national interest), (b) Not discretionary: Withholding assent arbitrarily, delaying Assembly sessions without cause, reserving Bills for political reasons. Supreme Court in various cases (SR Bommai, Nabam Rebia, Kerala Governor case) has curtailed arbitrary use of gubernatorial powers to protect State autonomy within federal framework.