The Discretionary Functions of the Governor of State

Under special circumstance the Governor may act without the advice of the Council of Ministers. In other words, such powers of the Governor are exercised in his/her own discretion. They are:

A situation may arise when in the opinion of the Governor there is the breakdown of
the constitutional machinery in the State. In such a case, the Governor may report the
situation to the President for imposition of the President’s Rule in that State. As the
Governor exercises this power on his/her own, it is called the discretionary power of
the Governor. In case the Governor’s report is accepted by the President, and he/she
proclaims emergency under Article 356, the State Council of Ministers is removed,
and the State Legislative Assembly is either dissolved or put under suspension. During such emergency, the Governor rules on behalf of the President.

State Legislature in India

The State Legislature can be: Unicameral i.e One House or Bicameral i.e Two House

Following States has Bicameral Status :
Seven Indian States, Andhra Pradesh, Telangana, Bihar, Jammu-Kashmir, Karnataka, Maharashtra and Uttar Pradesh, have bicameral Legislatures, these are called legislative councils (Vidhan Parishad)

Chief Minister and the State Council of Ministers

• The Chief Minister (CM) is the real executive head of the Government at the State level.
• The position of Chief Minister at the State level is analogous to the position of the Prime Minister at the Center.
• Chief Ministers are appointed by the Governor of the State. Other Ministers in the State Council are appointed by the Governor on the advice of the Chief Minister.

Powers and Functions of Governor of State

The Governor enjoys many different types of powers:

• Executive powers related to administration, appointments and removals,
• Legislative powers related to lawmaking and the state legislature, that is Vidhan Sabha or Vidhan Parishad,
• Discretionary powers to be carried out according to the discretion of the Governor.

The Governor and Lieutenant-Governor

• The Governors and Lieutenant-Governors of the states and territories of India have similar powers and functions at the state level as that of the President of India at Union level.
• Governors exist in the states while Lieutenant-Governors exist in union territories and in the National Capital Territory of Delhi.

Special Powers of Rajya Sabha

• According to Article 249, the Parliament will be able to make law in relation to a subject in the State List if the Rajya Sabha, with the support of at least two-thirds of its members present and voting, adopts a proposal to the effect that the Parliament, in national interest, should make law in relation to that subject in the State List.

Special powers of the Lok Sabha

• The Money and the Financial Bills can only originate in the Lok Sabha.
• In case of a Money Bill, the Rajya Sabha has only the right to make recommendations and the Lok Sabha may or may not accept the recommendation. Also, a Money Bill must be passed by the Upper House within a period of 14 days. Otherwise, the Bill shall be automatically deemed to be passed by the House. Thus, the Lok Sabha enjoys exclusive legislative jurisdiction over the passage of the Money Bills.