Discretionary Powers of the Governor: While exercising the executive, legislative, financial and judicial powers the Governor is aided and advised by the Council of Ministers headed by the Chief Minister These powers are enjoyed by him/her as the Head of State. There are a few more powers which he she possesses as the representative of the Central or Union Government. These powers are also called discretionary powers. It is under special circumstance, that the Governor may act without the advice of the Council of Ministers. In other words, such of the Governor are exercised in his/her (powers own discretion. They are:
1. A situation may arise when in the opinion of the Governor there is the breakdown of the constitutional machinery in the State. In such a case, the Governor may report the situation to the President for imposition of the President's Rule in that State. As the Governor exercises this power on his own, it is called the discretionary power of the Governor.
2. In case the Governer's report is accepted by the President, and he proclaims emergency under Article 356, the State Council of Ministers is removed, and the State Legislative Assembly is either dissolved or put under suspension. During such emergency the Governor rules on behalf of the President.
3. A situation may also arise when the Governor may reserve a bill for the consideration of the President. As the Governor does or can do this job on his own, it again is one of his discretionary power.
4. The discretionary power of the Governors were meant for extraordinary and emergency situations. However, in practice these have not only been used in such situations, but have been made use of relating to normal powers in controversial manner. This has led to creating tension between Union-State relations.