Answer: 

The Governor has the authority to act at their own discretion. When acting at his discretion, he is not bound by the recommendation of a council of ministers and their judgment is constitutionally lawful. Article 163 (Part VI) of the Indian Constitution provides for the discretion of the Governor.  

Discretionary power of Governor 

1. Constitutional Discretion 

• He can give or withhold assent to Bills, return a Bill for reconsideration of the House concerned or both the Houses, reserving it for the consideration of the President (Article 201).  
• Article 356: He advises the President on the issue of the failure of the constitutional machinery and recommends for the imposition of the President’s rule in the state concerned.   
• Article 239 (2): Where the Governor is also appointed as administrator of some Union Territory in respect of administration of such territories he will act independently of his Cabinet. 
• Article 167: He seeks information from the Chief Minister with regard to the administrative and legislative matters of the state. 

1. Situational Discretion of Governor 

• The Governor can appoint a new Chief Minister in a situation where no single party or leader commands majority support.  
• He can dissolve the Assembly on the advice of a Chief Minister who has lost majority support. 
• He can dismiss a Ministry where the Ministry refuses to resign even after losing majority support in the House or after being defeated on a non-confidence motion. 

Rationale behind the discretionary powers of the Governor 

• Governor as constitutional head of the state:

• The Governor may recommend the imposition of President's Rule (Article 356) If he believes that the constitutional machinery in the state has broken down and the government is unable to function according to constitutional provisions. 

• Caretaker Role:

• Governors often play a caretaker role during the period between the dissolution of one government and the formation of a new one.  
• For example, The governor can oversee routine administrative functions, ensuring that essential government services continue to operate effectively. This includes maintaining law and order, managing finances, and addressing day-to-day governance issues.
1. Political Neutrality: 
• Discretionary powers are designed to allow Governors to act independently of political considerations.

• Emergency Situations:

• The Governor can exercise judgment in situations where the normal constitutional provisions might be inadequate. For example, during the President’s rule in the state, the Governor carries on with the administration of the state.
1. Balancing Center-State Relations: 
• Governors serve as a link between the state and the central government. Discretionary powers provide them with the capacity to maintain a delicate balance between the federal and unitary features of the Indian political system.

The discretionary power vested with the Governor serves as a vital constitutional mechanism, which ensures efficient decision making during unforeseen circumstances. The judicious use of this power should be guided by constitutional principles and the democratic ethos. This balance ensures that the discretionary authority remains a constructive tool for responsive decision-making within the bounds of the constitutional framework.