In which of the following states of India, the Governor has been given special discretionary powers in matters related to law and order?
2. Arunachal Pradesh
Select the correct option from the codes given below:
State executive consists of Governor and Council of Ministers with Chief Minister as its head. The Governor of a State is appointed by the President for a term of five years office. Only Indian citizens above 35 years of age are eligible for appointment to this office. Executive power of the State is vested in Governor.
Council of Ministers with Chief Minister as head, aids and advises Governor in exercise of his functions except in so far as he is by or under the Constitution required to exercise his functions or any of them in his discretion. In respect of Nagaland, Governor has special responsibility under Article 371 A of the Constitution with respect to law and order and even though it is necessary for him to consult Council of Ministers in matters relating to law and order, he can exercise his individual judgement as to the action to be taken.
Similarly, in respect of Arunachal Pradesh, Governor has special responsibility under Article 371H of the Constitution with respect to law and order. Governor shall, after consulting Council of Ministers, exercise his individual judgement as to the actions to be taken. These are, however, temporary provisions. If President, on receipt of a report from Governor or otherwise is satisfied that it is no longer necessary for Governor to have special responsibility with respect to law and order, he may so direct by an order.
Likewise, in the Sixth Schedule which applies to tribal areas of Assam, Meghalaya, Tripura and Mizoram as specified in para 20 of that Schedule, discretionary powers are given to Governor in matters relating to sharing of royalties between district council and State Government. Sixth Schedule vests additional discretionary powers in Governors of Mizoram and Tripura in almost all their functions (except approving regulations for levy of taxes and money lending by non-tribals by district councils) since December, 1998. In Sikkim, Governor has been given special responsibility for peace and social and economic advancement of different sections of population.
All Governors while discharging such constitutional functions as appointment of Chief Minister of a State or sending a report to President about failure of constitutional machinery in a State or in respect of matters relating to assent to a Bill passed by legislature, exercise their own judgement.
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