Q. Consider the following statements :
I. The Constitution of India explicitly mentions that in certain spheres the Governor of a State acts in his/her own discretion.
II. The President of India can, of his/her own, reserve a bill passed by a State Legislature for his/her consideration without it being forwarded by the Governor of the State concerned.
Which of the statements given above is/are correct?
(a) I only
(b) II only
(c) Both I and II
(d) Neither I nor II
Correct Answer : (a) I only
UPSC Prelims 2025 GS Paper's Solution
Explanation :
I. Discretionary Powers of the Governor
The Constitution of India explicitly mentions that in certain spheres the Governor of a State acts in his/her own discretion. This statement is correct.
- Article 163(1) of the Indian Constitution states: There shall be a Council of Ministers to aid and advise the Governor, “except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.”
- This provision clearly outlines the existence of discretionary powers for the Governor.
Examples of such discretionary powers include:
- Reserving a bill for the President’s consideration
- Recommending President’s Rule
- Appointing a Chief Minister in a hung assembly
II. Reservation of State Bills for President’s Consideration
The President of India can, of his/her own, reserve a bill passed by a State Legislature for his/her consideration without it being forwarded by the Governor of the State concerned. This statement is incorrect.
- Articles 200 and 201 of the Indian Constitution govern the process of a state bill being presented for the President’s consideration.
- Article 200: A bill passed by a State Legislature is first presented to the Governor, who may:
- Assent to it
- Withhold assent
- Reserve it for the consideration of the President
- Article 201: The President’s role begins “When a Bill is reserved by a Governor for the consideration of the President.”
- Therefore, the President does not suo motu (of his/her own initiative) reserve a state bill; it must be forwarded by the Governor.