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The governor has constitutional discretion in the following cases:
• 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 (in case of an additional charge).
• Seeking information from the chief minister with regard to the administrative and legislative matters of the state.
In addition, the governor, like the president, also has situational discretion (i.e., the hidden discretion derived from the exigencies of a prevailing political situation) in the following cases:
• Appointment of the chief minister when no party has a clear-cut majority in the state legislative assembly or when the chief minister in office dies suddenly and there is no obvious successor.
• Dismissal of the council of ministers when it cannot prove the confidence of the state legislative assembly.
• Dissolution of the state legislative assembly if the council of ministers has lost its majority.
Article 161 confers ―”power” on the Governor to grant pardons. It clearly lays down that the Governor has the power to grant pardons, reprieves, etc., to persons convicted of offences against any law relating to a matter to which the executive power of the State extends. Article 161 is broadly worded and does not contain any restriction as to the time at which the said power is exercised or the circumstances or manner in which it is to be exercised.
However, a reference to the interpretation of this provision by the Supreme Court makes it clear that the power contained therein is to be exercised by the Governor as per the aid and advice of the council of ministers.