Constitutional discretion only on a constitutional principle

Q.  Which of the following statements is/are true?

1) Constitutional discretion can only be used if it is not based on a constitutional principle.
2) The Governor has the discretion to advance the assembly session under article 174 of the constitution.
- Published on 11 Feb 16

a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2

ANSWER: Only 2
 
  • Currently the article 174 is silent on whether the Governor should consult or not the State Cabinet before advancing dates of the Assembly session. So as per current provisions the Governor can advance the session as per his/her discretion.
  • However the SC also noted that Constitutional discretion can only be used if it is based on and only on a constitutional principle.
  • If you have a discretionary power, the Constitution will say so said the SC.
  • Current situation – the Bench of SC is reviewing the decisions of Governor and provisions of Article 174. The judgment of the SC will shed more clarity on the articles provisions for future use.

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