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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

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.
Statement 2
Under the Constitution of India, can the President reserve a bill passed by a State Legislature for the President's consideration without the bill first being forwarded by the Governor of the State?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > g) Assent to legislation and Veto. > p. 218
Presence: 5/5
“His desk for an indefinite time, particularly if he finds that the Ministry is shaky and is likely to collapse shortly. (F) Dual/owan of Slate I.gulalion. Besides the power to veto Union legislation, the President of India shall also have the power of disallowance or return for reconsideration of a Bill of the State Legislature, which may have been reserved for his consideration by the Governor of the State [Article 201]. Reservation of a Slate Bill for the assent of the President is a discretionary power. Of the Governor of a State. In the case of any Bill presented to the Governor for his assent after it has been passed by both Houses of the Legislature of the State, the Governor may, instead of giving his assent or withholding his assent, reserve the Bill for the consideration of the President.”
Why this source?
  • Explicitly states reservation of a state bill for the President is a discretionary power of the Governor.
  • Describes the procedural step that a bill presented to the Governor may be reserved for the President instead of immediate assent or withholding.
  • Implies reservation originates with the Governor after the bill is presented to him/her, not with the President.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > Presidential Veto over State Legislation > p. 196
Presence: 4/5
“The President has veto power with respect to state legislation also. A bill passed by a state legislature can become an act only if it receives the assent of the governor or the President (in case the bill is reserved for the consideration of the President). When a bill, passed by a state legislature, is presented to the governor for his/ her assent, he/she has four alternatives (under Article 200 of the Constitution): • 1. He / she may give his/ her assent to the bill, or • 2 . He / she may withhold his/h e r a ssent to the bill, or • 3.”
Why this source?
  • Explains that when a state bill is presented to the Governor he/she has the alternative to reserve the bill for the President's consideration.
  • Frames reservation as one of the Governor's constitutional options under Article 200, indicating Governor-triggered referral.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 14: Federal System > IDI I Veto Over State Bills > p. 141
Presence: 4/5
“The governor is empowered to reserve certain types of bills passed by the state legislature for the consideration of the President. The President can withhold his assent to such bills. not only in the first instance but also in the second instance. Thus, the President enjoys absolute veto (and not suspensive veto) over state bills. But in US and Australia, the states are autonomous within their fields and there is no provision for any such reservation.”
Why this source?
  • States the governor is empowered to reserve certain types of bills passed by the state legislature for the President's consideration.
  • Notes the President's power to withhold assent to such reserved bills, reinforcing that reservation is effected by the Governor.
Pattern takeaway: UPSC loves 'Process Flow' traps in Polity. They often swap the 'initiator' of an action (e.g., claiming the President initiates reservation instead of the Governor) to test your understanding of the federal hierarchy.
How you should have studied
  1. [THE VERDICT]: Sitter. Directly solvable from Laxmikanth (Chapters: Governor, President) and D.D. Basu.
  2. [THE CONCEPTUAL TRIGGER]: The Constitutional asymmetry between the President (bound by advice) and the Governor (explicit discretion), and the procedural flow of State Legislation.
  3. [THE HORIZONTAL EXPANSION]: Memorize these Article 200/201 nuances: 1) Governor *must* reserve a bill if it endangers the position of the High Court. 2) Article 163(2): Governor's decision on whether a matter is discretionary is final and non-justiciable. 3) President has no time limit to decide on a reserved bill (Pocket Veto). 4) If President returns a bill and the State Legislature passes it again, the President is *not* bound to give assent (unlike the Governor).
  4. [THE STRATEGIC METACOGNITION]: Do not read powers in isolation. Always study the Governor's powers as a 'Delta' to the President's powers. For every executive action, ask: 'Who initiates this?' The President cannot unilaterally snatch a bill from a State; the Governor must send it up.
Concept hooks from this question
📌 Adjacent topic to master
S1
👉 Governor's discretionary powers
💡 The insight

The Constitution carves out specific functions where the Governor may act in personal discretion rather than on ministerial advice.

High-yield for polity questions on executive powers and centre-state relations; helps answer questions about constitutional exceptions, reserve powers and judicial review of gubernatorial acts. Connects to topics on Articles 154–164, and to case-law on the scope of discretion.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 13: The State Executive > THE STATE EXECUTIVE > p. 273
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 30: Governor > CONSTITUTIONAL POSITION OF GOVERNOR > p. 321
🔗 Anchor: "Does the Constitution of India explicitly state that in certain spheres the Gove..."
📌 Adjacent topic to master
S1
👉 Article 163 — exception to aid-and-advice
💡 The insight

Article 163 establishes the Council of Ministers' advisory role while explicitly excepting functions the Governor must perform in his discretion.

Crucial for answering questions on the constitutional position of state executives and the limits of ministerial control; links to comparative study of President vs Governor and to practical issues like appointment powers and law-and-order provisions.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 13: The State Executive > THE STATE EXECUTIVE > p. 273
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 32: State Council of Ministers > NATURE OF ADVICE BY MINISTERS > p. 330
🔗 Anchor: "Does the Constitution of India explicitly state that in certain spheres the Gove..."
📌 Adjacent topic to master
S1
👉 Constitutional difference: President vs Governor on discretion
💡 The insight

The Constitution does not empower the President to act in discretion but does empower the Governor to exercise certain discretionary functions.

Useful for comparative constitutional questions and for debates on federalism and state autonomy; enables candidates to explain why gubernatorial powers are distinct and where central oversight differs.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 13: The State Executive > THE STATE EXECUTIVE > p. 273
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 30: Governor > CONSTITUTIONAL POSITION OF GOVERNOR > p. 321
🔗 Anchor: "Does the Constitution of India explicitly state that in certain spheres the Gove..."
📌 Adjacent topic to master
S2
👉 Governor's power to reserve state bills for the President
💡 The insight

Reservation of state bills for presidential consideration is a discretionary constitutional power exercised by the Governor.

High-yield for constitutional law and centre–state relations questions; explains the procedural route by which state legislation reaches the President and clarifies executive checks at the state level. Helps answer questions on Article 200/201, federal balance, and the Governor's constitutional role.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > g) Assent to legislation and Veto. > p. 218
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > Presidential Veto over State Legislation > p. 196
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 14: Federal System > IDI I Veto Over State Bills > p. 141
🔗 Anchor: "Under the Constitution of India, can the President reserve a bill passed by a St..."
📌 Adjacent topic to master
S2
👉 President's veto over state legislation
💡 The insight

The President can give assent, withhold assent, or direct reconsideration when a state bill is reserved for the President.

Important for understanding the limits of state legislative autonomy and the Centre's overriding powers; useful in essays and MCQs on legislative vetoes, federal supremacy, and comparative federalism. Links to topics on assent/return powers and constitutional checks.

📚 Reading List :
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 18: President > Presidential Veto over State Legislation > p. 196
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > Legislative Powers > p. 194
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 14: Federal System > IDI I Veto Over State Bills > p. 141
🔗 Anchor: "Under the Constitution of India, can the President reserve a bill passed by a St..."
📌 Adjacent topic to master
S2
👉 Assent procedure for state bills (Article 200/201 pathway)
💡 The insight

A state bill becomes law only after governor's assent or, if reserved, the President's decision under Articles 200 and 201.

Essential procedural knowledge for polity answers and case-based questions; connects to governor's options, presidential discretion, and when Centre intervention occurs. Enables precise answers on how state laws are validated and contested.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > Presidential Veto over State Legislation > p. 196
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 18: President > Presidential Veto over State Legislation > p. 196
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 18: President > Legislative Powers > p. 194
🔗 Anchor: "Under the Constitution of India, can the President reserve a bill passed by a St..."
🌑 The Hidden Trap

The 'Mandatory Reservation' Trap: While general reservation is discretionary, the Governor is constitutionally *obligated* (2nd Proviso to Art 200) to reserve a bill if it derogates from the powers of the High Court. Expect a statement swapping 'discretionary' with 'mandatory' here.

⚡ Elimination Cheat Code

The 'Federal Logic' Hack: In India's federal structure, the President acts as a check on State legislation only when 'invited' via the Governor. The President cannot *suo motu* (on his own) reach into a State Assembly and reserve a bill. That would destroy state autonomy. Statement II implies this impossible centralization, making it false.

🔗 Mains Connection

Mains GS-2 (Federalism): This links directly to the debate on the 'Office of the Governor' being an agent of the Centre. The discretionary power to reserve bills is a frequent point of friction (e.g., Tamil Nadu/Kerala vs Governor cases) and is central to Sarkaria/Punchhi Commission recommendations.

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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 :