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Q54 (IAS/2025) Polity & Governance › State Executive & Legislature › Governor discretionary powers Answer Verified

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?

Result
Your answer: —  ·  Correct: A
Explanation

**Statement I is correct.** The Constitution authorizes the Governor to exercise some functions 'in his discretion'[1], and Article 163(1) explicitly states that the Council of Ministers shall advise the Governor "except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion"[1]. This creates a clear constitutional distinction where certain spheres require the Governor to act in his/her own discretion.

**Statement II is incorrect.** The governor is empowered to reserve certain types of bills passed by the state legislature for the consideration of the President[2], and reservation of a State Bill for the assent of the President is a discretionary power of the Governor of a State, where the Governor may reserve the Bill for the consideration of the President[3]. The President cannot directly reserve a state bill on his/her own without it being forwarded by the Governor first. The constitutional mechanism requires the Governor's action as an intermediary.

Sources
  1. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 13: The State Executive > THE STATE EXECUTIVE > p. 273
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 14: Federal System > IDI I Veto Over State Bills > p. 141
  3. [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > g) Assent to legislation and Veto. > p. 218
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Q. Consider the following statements : I. The Constitution of India explicitly mentions that in certain spheres the Governor of a State act…
At a glance
Origin: From standard books Fairness: High fairness Books / CA: 10/10 · 0/10
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This is a classic 'Laxmikanth Sitter' that rewards precise reading of Article 163 (Discretion) and Article 200 (Reservation flow). If you missed this, your static revision of the President vs. Governor comparison table is weak. No current affairs required.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Does the Constitution of India explicitly state that in certain spheres the Governor of a State acts in his or her own discretion?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 13: The State Executive > THE STATE EXECUTIVE > p. 273
Presence: 5/5
“It may be said that, in general, the relation between the Governor and his ministers is similar to that between the President and his Relationship between ministers, with this important difference that while the the Governor and his Ministers. Constitution does not empower the President to exercise any function 'in his discretion', it authorizes the Governor to exercise some full functions 'on his discretion'. In this respect, the principle of Cabinet responsibility in the States differs from that in the Union . Article 163(1) says- There shall be a Council of Ministers ... to advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.”
Why this source?
  • Directly contrasts President and Governor, stating the Constitution authorizes the Governor to exercise some functions in his discretion.
  • Explicitly cites Article 163 language limiting the Council of Ministers' aid-and-advice duty 'except in so far as he is ... required to exercise ... in his discretion.'
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 30: Governor > CONSTITUTIONAL POSITION OF GOVERNOR > p. 321
Presence: 5/5
“The Constitution of India provides for a parliamentary form of government in the states as in the Centre. Consequently, the governor has been made only a nominal executive, the real executive constitutes the council of ministers headed by the chief minister. In other words, the governor has to exercise his/ her powers and functions with the aid and advice of the council of ministers headed by the chief minister, except in matters in which he/she is required to act in his/ her discretion (I.e In estimating the constitutional position of the governor, particular reference has to be made to the provisions of Articles 154, 163 and 164.”
Why this source?
  • States the Governor must act with aid and advice of the council of ministers 'except in matters in which he/she is required to act in his/ her discretion.'
  • Links the discretionary exception to specific constitutional articles (Articles 154, 163 and 164).
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 32: State Council of Ministers > NATURE OF ADVICE BY MINISTERS > p. 330
Presence: 4/5
“t NATURE OF ADVICE BY MINISTERS Article 163 provides for a council of ministers with the chief minister at the head to aid and advise the governor in the exercise of his/ her functions except for the discretionary ones. If any question arises whether a matter falls within the governor's discretion or not, the decision of the governor is final and the validity of anything done by him/her cannot be called into question on the ground that he/she ought or ought not to have acted at his/her discretion. In State of Punjab (1974), the Supreme Court held that except in spheres where the governor is to act at his/ her discretion, the governor has to act on the aid and advice of the council of ministers in the exercise of his/her powers and functions.”
Why this source?
  • Explains Article 163 provides for aid and advice 'except for the discretionary ones', confirming an express constitutional exception.
  • Notes that where discretion is claimed the Governor's decision is final and has been treated as such by the judiciary.
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SIMILAR QUESTIONS

IAS · 2021 · Q31 Relevance score: 3.29

Consider the following statements : 1. The Governor of the Reserve Bank of India (RBI) is appointed by the Central Government. 2. Certain provisions in the Constitution of India give the Central Government the right to issue directions to the RBI in public interest. 3. The Governor of the RBI draws his power from the RBI Act. Which of the above statements are correct?

IAS · 2023 · Q36 Relevance score: 3.15

Consider the following statements : 1. If the election of the President of India is declared void by the Supreme Court of India, all acts done by him/her in the performance of duties of his/her office of President before the date of decision become invalid. 2. Election for the post of the President of India can be postponed on the ground that some Legislative Assemblies have been dissolved and elections are yet to take place. 3. When a Bill is presented to the President of India, the Constitution prescribes time limits within which he/she has to declare his/her assent. How many of the above statements are correct?

CDS-II · 2011 · Q78 Relevance score: 2.88

Which of the following statements is/are correct ? Under the provisions of Article 200 of the Constitution of India the Governor of a state may : 1. withhold his assent to a Bill passed by the state legislature. 2. reserve the Bill passed by the state legislature for consideration of the President. 3. return the Bill, other than a money Bill, for reconsideration of the legislature. Select the correct answer using the code given below :