Previous Year Question
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?
I only
II only
Both I and II
Neither I nor II
Correct Answer: A
Detailed Solution
Statement I is correct. Article 163(1) expressly recognises that the Governor may be required, by or under the Constitution, to exercise certain functions in his or her discretion.
The general rule is that the Governor acts on the aid and advice of the Council of Ministers headed by the Chief Minister. However, the Governor may have a discretionary role in certain constitutional or special circumstances, including:
Reserving a Bill for the President’s consideration.
Appointing a Chief Minister in a hung Assembly.
Requiring a floor test when the Government’s majority is doubtful.
Performing special responsibilities under provisions such as Articles 371A and 371H.
The Governor’s discretion is not unlimited. Its exercise remains subject to constitutional limitations and judicial review.
Statement II is incorrect. The President cannot suo motu reserve for consideration a Bill passed by a State Legislature.
Under Article 200, when a State Bill is presented to the Governor, the Governor may:
Give assent.
Withhold assent.
Return a Bill other than a Money Bill for reconsideration.
Reserve the Bill for the President’s consideration.
Only after the Governor reserves a Bill does the President consider it under Article 201. The President cannot independently call for the Bill and initiate its reservation.
Under Article 201, the President may:
Give assent to the reserved Bill.
Withhold assent.
In the case of a Bill other than a Money Bill, direct the Governor to return it to the State Legislature for reconsideration.
Therefore, only Statement I is correct.