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?

1. A. I only
2. B. II only
3. C. Both 1 and II
4. D. Neither I nor II

Answer: A

Explanation

Statement I is correct. Article 163(1) of the Constitution 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.’ Article 163(2) further clarifies that the Governor’s decision on whether a matter falls within his discretion is final. This explicitly acknowledges the Governor’s discretionary powers in certain spheres. Statement II is incorrect. Under Article 200, a bill passed by a State Legislature is presented to the Governor. The Governor has the power to reserve certain types of bills for the consideration of the President. However, the President cannot ‘of his/her own’ reserve a bill passed by a State Legislature; it must first be reserved and forwarded by the Governor. Therefore, only statement I is correct. The role and powers of the Governor, especially discretionary powers, are a recurring and important topic for UPSC Polity & Governance.