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Under Article 163, the Governor acts on aid and advice of Council of Ministers except in limited discretionary situations. Which of the following is a legitimate discretionary power of Governor under Article 356?
- Dismissing Ministry based on subjective assessment without floor test
- Sending report to President based on objective material of constitutional breakdown
- Appointing Chief Minister based on political preference
- Dissolving Assembly without Parliamentary approval
Answer: Sending report to President based on objective material of constitutional breakdown
Governor's discretionary powers under Article 356: (a) Constitutional framework: Article 163 - Governor acts on aid and advice of Council of Ministers except in limited discretionary situations, (b) Legitimate discretion under Article 356: (i) Sending report to President based on objective material of constitutional breakdown (e.g., loss of majority verified through floor test, breakdown of constitutional machinery), (ii) NOT legitimate: Dismissing Ministry without floor test, appointing CM based on political preference, dissolving Assembly without Parliamentary approval, (c) SR Bommai safeguards: (i) Objective material requirement: Report must be based on verified facts, not subjective opinion, (ii) Floor test principle: Majority tested on Assembly floor, not Governor's assessment, (iii) Judicial review: Courts examine whether report based on objective material, not political considerations, (d) Applications: (i) Post-1994: Governors more cautious in recommending President's Rule; floor test, objective material required, (ii) Judicial oversight: Courts strike down proclamations based on unverified reports, political considerations, (e) Illustrates constitutional federalism: Governor's discretion limited to genuine constitutional breakdown; safeguards protect State autonomy against arbitrary Centre overreach via gubernatorial discretion.