Question 14 from UPSC CSE 2025 - Polity & Governanc e

Question

Consider the following statements:
1. The Constitution of India explicitly mentions that in certain spheres the Governor of a State acts in his/her own discretion.
2. 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?

IASCODEX · Accepted Answer

Correct Option: A. I only

Strategy: Focus on the keywords 'explicitly mentions' and 'of his/her own'. Statement 1 is confirmed by direct constitutional text describing the Governor's discretionary powers (Articles 163, 371, etc.). Statement 2 is not supported: the President's role regarding state bills is only activated through the Governor's reservation (Article 200), never directly. Thus, statement 1 is correct and statement 2 is definitely wrong.

Key Info: *   **Governor's Discretion (Article 163)**: The Indian Constitution provides that there is to be a Council of Ministers headed by the Chief Minister to aid and advise the Governor except in areas where the Constitution requires the Governor to act in his/her discretion. Article 163(2) clarifies that questions on whether a matter is discretionary lie solely with the Governor.
*   **Examples of Discretionary Powers**: Discretionary powers are provided for certain specific situations, such as when administering Scheduled Areas (Article 244), passing bills in case of a hung assembly, or while sending reports under Article 356.
*   **President's Role in State Bills (Article 200)**: As per Article 200, the Governor of a State has the authority to reserve certain bills (other than money bills) for the consideration of the President of India. The President can neither directly call for a state bill nor consider such a bill unless it has been expressly reserved and forwarded by the Governor. There is no constitutional provision empowering the President to independently take cognizance of a State bill; the entire process is initiated by the Governor's discretion.

IASCODEX · Answer

Option B: II only

IASCODEX · Answer

Option C: Both I and II

IASCODEX · Answer

Option D: Neither I nor II