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?
- (a) I only ✓ UPSC's answer
- (b) II only
- (c) Both I and II
- (d) Neither I nor II
Why the answer is (a)
• Statement I is correct: Article 163(1) expressly refers to functions the Governor is 'required to exercise in his discretion', and Article 163(2) makes the Governor's decision on whether a matter is discretionary final; specific instances appear in Articles 371A, 371F and the Sixth Schedule.
• This is a notable contrast with the President, for whom the Constitution mentions no discretionary powers.
• Statement II is wrong: under Article 200 only the Governor can reserve a State bill for the President's consideration; the President has no power to call for or reserve a bill on his or her own initiative.
• Once reserved, the President acts under Article 201; the Supreme Court in the 2025 Tamil Nadu Governor case laid down timelines for both.
• Hence I only, option (a).
Why the other options are wrong
- (b) II only
- Statement II is wrong: only the Governor can reserve a bill; statement I is correct.
- (c) Both I and II
- Statement II is wrong, so both cannot be correct.
- (d) Neither I nor II
- Statement I is correct: Article 163 mentions the Governor's discretion.
Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2025, held on 25 May 2025. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.