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

Explanation using Example

Example 1:

Scenario: Appointment of a Chief Executive Member in a Tribal Area

Context: The Governor of Assam is required to appoint a Chief Executive Member for the Karbi Anglong Autonomous Council, a tribal area under the Sixth Schedule.

Application:

1. The Governor consults the Council of Ministers to understand the political and administrative implications of the appointment.
2. The Governor also consults the District Council of Karbi Anglong to get their recommendations and insights.
3. After considering the advice and recommendations, the Governor exercises his discretion to appoint a Chief Executive Member who he believes will best serve the interests of the tribal area.

Outcome: The Governor appoints Mr. X as the Chief Executive Member, believing that Mr. X's leadership will promote development and maintain harmony in the tribal area.

Example 2:

Scenario: Allocation of Funds for Development Projects in a Tribal Area

Context: The Governor of Meghalaya needs to allocate funds for various development projects in the Garo Hills Autonomous District Council.

Application:

1. The Governor consults the Council of Ministers to discuss the overall budget and priorities for the state.
2. The Governor then consults the Regional Council of Garo Hills to understand the specific needs and priorities of the tribal area.
3. Based on these consultations, the Governor exercises his discretion to allocate funds for projects such as building schools, healthcare facilities, and improving infrastructure in the Garo Hills.

Outcome: The Governor allocates Rs. 50 crores for development projects in the Garo Hills, ensuring that the funds are used effectively to improve the living standards of the tribal population.

Example 3:

Scenario: Resolution of a Dispute Between Two Tribal Councils

Context: There is a dispute between the Khasi Hills Autonomous District Council and the Jaintia Hills Autonomous District Council in Meghalaya regarding the jurisdiction over a particular area.

Application:

1. The Governor consults the Council of Ministers to understand the legal and administrative aspects of the dispute.
2. The Governor also consults both the Khasi Hills and Jaintia Hills District Councils to hear their arguments and perspectives.
3. After considering all inputs, the Governor exercises his discretion to mediate and resolve the dispute, possibly by defining clear boundaries or suggesting a compromise.

Outcome: The Governor issues an order that clearly demarcates the jurisdictional boundaries between the Khasi Hills and Jaintia Hills, thereby resolving the dispute and maintaining peace and order in the region.