Section 20BA of CoI : Section 20BA: Exercise of discretionary powers by the Governor in the discharge of his functions

Explanation using Example

Example 1:

Scenario: The Governor of Assam is considering the allocation of funds for the development of infrastructure in the North Cachar Hills Autonomous Council area.

Application of Section 20BA:

1. The Governor consults with the Council of Ministers to understand the broader state policy and budgetary constraints.
2. The Governor also consults with the North Cachar Hills Autonomous Council to understand the specific needs and priorities of the tribal area.
3. After these consultations, the Governor uses his discretionary powers to allocate funds for building new roads and schools in the North Cachar Hills area, considering it necessary for the welfare of the tribal population.

Example 2:

Scenario: The Governor of Meghalaya needs to make a decision regarding the implementation of a new health program in the tribal areas of the state.

Application of Section 20BA:

1. The Governor first consults with the Council of Ministers to get their input on the health program and its alignment with state health policies.
2. The Governor then consults with the relevant Autonomous Councils, such as the Khasi Hills Autonomous District Council, to gather their views and suggestions on the program.
3. Based on these consultations, the Governor decides to implement the health program in a phased manner, starting with the most underserved areas, using his discretionary powers to ensure that the program meets the unique needs of the tribal communities.

Example 3:

Scenario: The Governor of Tripura is tasked with resolving a land dispute involving tribal land in the Tripura Tribal Areas Autonomous District Council.

Application of Section 20BA:

1. The Governor consults with the Council of Ministers to understand the legal and administrative framework governing land disputes in the state.
2. The Governor also consults with the Tripura Tribal Areas Autonomous District Council to get their perspective on the dispute and the customary laws applicable to the tribal land.
3. After these consultations, the Governor uses his discretionary powers to mediate the dispute, ensuring that the resolution respects both state laws and tribal customs, and takes necessary action to formalize the settlement.

Example 4:

Scenario: The Governor of Mizoram needs to decide on the establishment of a new educational institution in the tribal areas under the Mara Autonomous District Council.

Application of Section 20BA:

1. The Governor consults with the Council of Ministers to discuss the state's educational policies and available resources.
2. The Governor then consults with the Mara Autonomous District Council to understand the educational needs and preferences of the tribal community.
3. Using his discretionary powers, the Governor decides to establish a new higher secondary school in the area, considering it essential for improving educational access and opportunities for the tribal population.