Q. Consider the following statements: - The Constitution of India explicitly mentions that in certain spheres the Governor of a State acts in his/her own discretion.
- 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? (UPSC Prelims 2025)
Answer:
I only
Notes: The correct answer is
[A] I only. This question distinguishes between the explicit constitutional discretionary powers of the Governor and the procedural rules for the President’s consideration of state bills.
- Explicit Discretion (Statement I – Correct): Unlike the President, for whom the Constitution does not explicitly mention "discretion" (relying instead on situational or "hidden" discretion), Article 163 of the Constitution explicitly states that 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. If any question arises whether a matter falls within the Governor’s discretion, the decision of the Governor is final.
- Presidential Reservation (Statement II – Incorrect): The President cannot "on his own" reach into a State Legislature and pull a bill for consideration. According to Article 200, it is the Governor who has the authority to reserve a bill for the consideration of the President. The President’s role only begins under Article 201 after the Governor has already forwarded the bill. There is no constitutional provision allowing the President to bypass the Governor in this specific legislative process.
While the Governor generally acts on the advice of the Council of Ministers, their explicit discretionary powers (such as under Article 371 or when submitting a report under Article 356) make their constitutional position unique compared to the purely titular nature of the Presidency in most ordinary affairs.