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Difficulty: MediumState Executive and Legislature: Governor, CM, and State Assemblies

Under Article 163 of the Constitution of India, if any question arises whether a matter is or is not a matter in respect of which the Governor is required by or under the Constitution to act in their discretion, whose decision on this question is constitutionally final?

  1. The decision of the Governor in their discretion is final, and the validity of anything done by the Governor cannot be called into question.Answer
  2. B
    The decision of the President of India acting on the advice of the Union Council of Ministers.
  3. C
    The decision of the High Court having territorial jurisdiction over the state.
  4. D
    The decision of the Chief Minister through a resolution passed by the State Cabinet.

Answer

The decision of the Governor in their discretion is final, and the validity of anything done by the Governor cannot be called into question.
Under Article 163(2) of the Constitution of India, if any question arises regarding whether a matter falls within the Governor's discretion, the decision of the Governor acting in their discretion is constitutionally final, and the validity of anything done by the Governor cannot be questioned on the ground that they ought or ought not to have acted in discretion.

Step-by-Step Solution

1
Examine Article 163(1) of the Indian Constitution regarding the State Council of Ministers and the Governor's discretionary exception.
Article 163(1) mandates a Council of Ministers to aid and advise the Governor except in so far as he is required to exercise functions in his discretion.
Establishes the dual framework of advised action versus constitutional discretion.
2
Analyze Clause (2) of Article 163 concerning disputes over whether a specific matter falls within discretionary powers.
Article 163(2) specifies that if any question arises whether any matter is or is not a matter as respects which the Governor is required to act in his discretion, the decision of the Governor in his discretion shall be final.
Directly resolves the specific constitutional query posed in the question stem.

Key Concept

Discretionary Powers of the Governor under Article 163
Estimated Time:1m 0s
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Topics

State Executive and Legislature: Governor, CM, and State Assemblies

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