Official Question UPSC 2025
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?
Solution & Analysis
Answer: A
This question tests the exact procedural boundaries of executive discretion as outlined in Articles 163, 200, and 201 of the Constitution.
•Statement I is Correct: Unlike the President (who has no explicit constitutional discretion), Article 163(1) explicitly states there are functions where the Governor is required to act in his discretion. Furthermore, Article 163(2) makes the Governor the final judge on whether a matter falls under his discretionary purview (e.g., reserving bills, recommending President's Rule).
•Statement II is Incorrect: The Constitution maintains a strict federal chain of custody for legislation. Under Article 200, the power to reserve a state bill for the President's consideration lies exclusively with the Governor. The President has absolutely no constitutional authority to 'suo motu' (on his own) intervene, summon, or reserve a bill directly from a State Legislature if the Governor has not forwarded it.