Q. 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 only
• 2 only
• Both 1 and 2
• Neither 1 nor 2

Answer: (a) 1 only

Notes:

• The Constitution of India does explicitly mention certain situations where the Governor can act in his/her own discretion.
  • For example:
    • Article 163(2): If any question arises whether a matter is discretionary, the Governor’s decision shall be final.
    • Discretion is allowed in matters such as:
      • Reservation of a bill for the President’s consideration
      • Report to the President under Article 356
      • In tribal areas under Fifth Schedule
• The President can not suo motu reserve a bill passed by a State Legislature.
  • It is the Governor who reserves the bill under Article 200, and only then the President considers it.
  • The President’s power comes after the bill has been reserved by the Governor.