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UPSC Prelims 2025Question 54Polity

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?

Options

  1. (a)I only
  2. (b)II only
  3. (c)Both I and II
  4. (d)Neither I nor II
Correct answer: a
Decision rule

The President has no original role in State legislation; a State bill reaches him only after the Governor reserves it under Article 200.

Explanation

Correct Answer:

(a) I only

Explanation of the Correct Answer:

Let’s analyze the statements:

  • Statement I: The Constitution of India explicitly mentions that in certain spheres the Governor of a State acts in his/her own discretion
    • Correct.
    • Article 163(1) of the Constitution states that “there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor… except in so far as he is required to exercise his functions in his discretion.”
    • Examples where the Governor acts at his/her discretion:
      • While reserving a bill for the President (Article 200)
      • In reporting to the President under Article 356 (President’s Rule)
      • Appointment of CM in a hung Assembly
    • Thus, the Constitution explicitly recognizes discretionary powers of the Governor.
  • Statement 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
    • Incorrect.
    • The President does not have the power to unilaterally intervene in the passage of a state bill unless it is first reserved by the Governor under Article 200.
    • The process begins with the Governor, who may reserve a bill for the President’s consideration if it is against the Constitution, national interest, or conflicts with central laws.
    • Therefore, the President cannot act on a state bill unless the Governor forwards it.

Why Other Options Are Incorrect:

  • (b) II only – Incorrect: Statement II is wrong.
  • (c) Both I and II – Incorrect: Only I is correct.
  • (d) Neither I nor II – Incorrect: Statement I is correct.

Relevant Supplementary Information

Table: Evaluation of Statements

StatementContentCorrect?Explanation
IConstitution mentions that Governor acts in discretion in certain spheresYesArticle 163 & related provisions provide for this discretion
IIPresident can, on their own, reserve a state bill for considerationNoOnly the Governor can reserve a bill under Article 200

Related Concepts:

ArticleProvision
Article 163Discretionary powers of Governor
Article 200Reservation of bills for President’s consideration by the Governor
Article 356Report by Governor recommending President’s Rule in a state

Current Relevance:

  • Discretionary powers of Governors have often been at the center of Centre–State federal tensions, particularly in hung assemblies or controversial state bills.
  • The role of Governor in reserving bills is a live issue in legislative debates (e.g., in Tamil Nadu, Kerala).

Table: Concepts Related to Discretionary Powers of Governor and Role of President in State Legislation

ConceptConstitutional BasisApplies ToExplanationRemarks
Discretionary Powers of GovernorArticle 163(1)GovernorGovernor may act in discretion “in so far as he is required by or under this Constitution”Examples: reserving bills (Art. 200), CM appointment, reporting under Art. 356
Reservation of Bill for PresidentArticle 200GovernorGovernor may withhold assent or reserve a bill for President’s considerationThe President cannot act on a state bill unless it is reserved by the Governor
President’s Role in State BillsArticle 201PresidentPresident may assent, withhold assent, or return the bill (if not a money bill)Only comes into picture after reservation by the Governor
Governor’s Discretion in Hung AssemblyConvention + Article 164GovernorMay use discretion in inviting leader to form governmentEspecially relevant in no clear majority scenarios
Limit on President's Initiative in State LegislationFederal structure principlePresidentPresident has no original role in State legislation; only through GovernorReinforces state autonomy under the Constitution
President’s Assent to BillsArticles 111, 200, 201Parliament & State LegislaturePresident gives assent only to Central Bills or State Bills reserved by GovernorPart of legislative procedure; not an initiating authority in states

Related Case Law and Commentary

Case / ReportRelevance
Shamsher Singh v. State of Punjab (1974)Clarified that Governor is normally bound by aid and advice except in specific cases of discretion
D.C. Wadhwa v. State of Bihar (1987)SC criticized repeated re-promulgation of ordinances without legislative approval
Sarkaria Commission ReportRecommended limited and responsible use of the Governor’s discretionary powers
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