Article 163 of the Constitution of India says that there shall be a Council of Ministers along with Chief Minister to aid and advise the Governor in exercise of his functions except so far he is required by the Constitution to exercise his functions or any of them in his discretion. Under what circumstances can Governor be called to exercise his discretion?
(A) Appointment of Chief Minister
(B) Dismissal of ministry or Dissolution of Assembly
(C) Submitting report to President for proclamation under Article 356
(D) Appointment of High Court judges
Choose the correct answer from the options given below:

Correct option is A

The correct answer is: (a) (A), (B), (C) Only

Explanation

Article 163 of the Indian Constitution states that the Governor will act on the aid and advice of the Council of Ministers except when the Constitution requires him to act at his discretion. The key circumstances where the Governor exercises discretion are:

• (A) Appointment of Chief Minister:
  When no party has a clear majority, the Governor has discretion in inviting a leader to form the government.

• (B) Dismissal of ministry or Dissolution of Assembly:
  When the ministry loses majority and fails to prove its majority, the Governor may dismiss it or dissolve the Assembly.

• (C) Submitting report to the President for proclamation under Article 356:
  The Governor, exercising discretion, may report to the President about the breakdown of constitutional machinery in the state, leading to President's Rule.

• (D) Appointment of High Court Judges:
  This is not a function of the Governor's discretion. Appointment of High Court judges is made by the President in consultation with the Chief Justice of India and the Governor as per Article 217 and is outside the Governor’s discretionary powers.