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UPSC Prelims PYQ 2025: Governor discretion and President reserving State bills

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?
  1. I only
  2. II only
  3. Both I and II
  4. Neither I nor II

Explanation

Statement I is correct
  • Article 163 of the Indian Constitution states that there shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except insofar as he is by or under the Constitution required to exercise his functions or any of them in his discretion.

Additional Information

  • The Governor enjoys constitutional discretion in the following cases:
    • Reserving a bill for the President’s consideration.
    • Acting as the administrator of an adjoining Union Territory (in additional charge).
    • Recommending President’s Rule in the state.
    • Determining the amount payable by the Government of Assam, Meghalaya, Tripura and Mizoram to an autonomous Tribal District Council as royalty accruing from licenses for mineral exploration
    • Seeking information from the Chief Minister on state matters.
  • In addition, the Governor also exercises situational (hidden) discretion in cases such as:
    • Appointing a Chief Minister when no party has a clear majority or after the sudden death of a sitting CM.
    • Dismissing the council of ministers if it loses the assembly’s confidence.
    • Dissolving the legislative assembly when the government loses its majority.
Statement II is incorrect
  • The President cannot directly reserve a state bill for consideration. It is only the Governor who can do so under Article 200.

Governor

Answer: (a) I only; Difficulty Level: Easy
,