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UPSC Prelims 2025GS1Polity & GovernanceGovernor's Discretionary Powers

Q84. 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✓ Correct
B. II only
C. Both 1 and II
D. Neither I nor II

Detailed Solution

✓ Correct Answer: Option A
✓ 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.

Current Affairs Link

Governor's Discretion in News (2024–25): Tamil Nadu: Governor R.N. Ravi's delay in assenting to bills passed by the Assembly and his public remarks on state policies sparked a constitutional debate on the limits of Governor discretion. Punjab: Governor Banwarilal Purohit withheld approval for a special Assembly session, raising questions on the Governor's role in legislative procedures. Relevance for UPSC: These instances highlight the tension between elected governments and appointed Governors, making it a key topic under Centre-State relations and constitutional morality.

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