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
(b) II only
(c) Both I and II
(d) Neither I nor II
The correct answer is (a) I only.
Explanation
- Statement I: Correct. This is true. Article 163(1) of the Constitution explicitly states that the Governor shall be aided and advised by the Council of Ministers, “except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.” Article 163(2) further solidifies this by stating that if any question arises about whether a matter falls under the Governor’s discretion, the Governor’s decision is final.
- Statement II: Incorrect. This statement is false. The President of India has no power to directly reserve a bill passed by a State Legislature. The power to reserve a state bill for the President’s consideration is vested exclusively with the Governor of the state under Article 200 of the Constitution. The President’s role only begins after the Governor has forwarded the bill.
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The Governor’s Discretionary Powers
This question highlights a key difference between the office of the President and the Governor. While the President has situational discretion (e.g., appointing a Prime Minister in a hung parliament), the Constitution explicitly grants discretionary powers to the Governor.
These discretionary powers are of two types:
- Constitutional Discretion (Explicitly Mentioned):
- Reserving a Bill (Article 200): The Governor can decide to reserve any bill passed by the state legislature for the President’s consideration.
- Recommending President’s Rule (Article 356): The Governor sends a report to the President recommending the imposition of President’s Rule if they are satisfied that the state government cannot be carried on in accordance with the Constitution.
- Special Responsibilities: Some Governors have special responsibilities for specific regions in their states (e.g., Maharashtra, Gujarat, Nagaland, Assam, Manipur), where they must act in their discretion.
- Situational Discretion (Inferred from Circumstances):
- Appointing a Chief Minister: When no single party has a clear majority after an election.
- Dismissing the Council of Ministers: When it cannot prove its majority in the State Legislative Assembly.
- Dissolving the Assembly: If the Council of Ministers has lost its majority and no alternative government can be formed.
The President’s Role in State Bills
The President’s involvement in state legislation is outlined in Article 201. This article applies only after the Governor has reserved a bill under Article 200. When a reserved bill goes to the President, he/she can:
- Give assent to the bill.
- Withhold assent from the bill.
- Direct the Governor to return the bill (if it is not a Money Bill) to the state legislature for reconsideration.
Responses