UPSC Prelims 2025 Q54: Governor's Discretion & Reserving State Bills
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?
- I only
- II only
- Both I and II
- Neither I nor II
Answer: (a) I only
Statement-wise explanation
- I: correct — Article 163(1) says the Council of Ministers aids and advises 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". Article 163(2) adds that if a question arises over whether a matter falls within the Governor's discretion, the Governor's own decision is final and cannot be challenged in court. Specific clauses also use these words. Paragraph 9(2) of the Sixth Schedule lets the Governor settle disputes over mineral royalties payable to District Councils "in his discretion". Article 371A gives the Governor of Nagaland an "individual judgment" on law and order. So the Constitution names the Governor's discretion in so many words.
- II: incorrect — Under Article 200, a State bill reaches the President only when the Governor reserves it. Reserving is one of the Governor's options, along with giving assent and withholding assent. Article 201 begins only after that, with "When a Bill is reserved by a Governor for the consideration of the President". The President then either assents, withholds assent, or (for a non-Money Bill) directs the Governor to return it to the legislature. The Constitution has no route for the President to pick up a State bill on their own.
How to eliminate
Statement I can be settled from one well-known article. Article 163(1) carries the exception "in his discretion" for the Governor. There is no matching exception for the President in Article 74. That contrast is a standard textbook point, so Statement I is true. For Statement II, think about how the process runs. A State bill goes from the legislature to the Governor under Article 200. The President has no formal way to know about a bill, let alone take it up, unless the Governor sends it on. The phrase "of his/her own ... without it being forwarded by the Governor" claims a power that skips the Governor. In federal-procedure questions, such claims are usually false. Fact to remember: reservation is the Governor's act under Article 200. Article 201 only begins after a bill has been reserved.
Know more
Why the Governor has discretion but the President does not
Article 74 binds the President to act on ministerial advice. The 42nd Amendment (1976) made this advice binding, and the 44th Amendment (1978) let the President send it back once for reconsideration. Article 163, the matching article for the Governor, keeps a written exception: functions the Governor must perform "in his discretion". This exception comes from the Government of India Act 1935, where provincial Governors acted "in their discretion" on many matters.
Where the Constitution mentions it
| Provision | What the Governor decides |
|---|---|
| Art. 163(1)–(2) | General exception. The Governor decides what falls within discretion, and that decision is final |
| Sixth Schedule, para 9(2) | Disputes over mineral royalties payable to District Councils |
| Art. 371A | Nagaland: law and order, by "individual judgment" after consulting ministers |
| Art. 239(2) | Governor appointed administrator of a neighbouring Union Territory acts independently of the State ministry |
| Art. 200, 2nd proviso | Must reserve any bill that would endanger the position of the High Court |
Discretion that comes from the situation: choosing a Chief Minister when the Assembly is hung, calling for a floor test, and the Article 356 report to the President.
Path of a State bill (Arts. 200–201)
- The Governor assents, withholds assent, or reserves the bill for the President. A non-Money Bill can first be returned for reconsideration. If the legislature passes it again, the Governor cannot withhold assent.
- On a reserved bill, the President assents or withholds assent. For a non-Money Bill, the President can have it returned to the legislature, which must reconsider it within six months.
The President acts only on bills the Governor has reserved. That is why Statement II fails.
In the news
On 8 April 2025, weeks before Prelims, the Supreme Court ruled in State of Tamil Nadu v. Governor of Tamil Nadu. It held that the Governor's withholding of assent to 10 State bills, and his later reservation of them for the President, were illegal, and it set timelines for acting under Articles 200 and 201. This put Governor's discretion and reservation of State bills in the headlines.
NCERT Concepts to Revise
- Discretionary powers of the Governor: Statement I asks whether the Constitution itself names areas where the Governor acts on their own judgment.
- Reservation of bills for President's consideration: Statement II depends on who starts the reservation of a State bill under Article 200.
- Presidential reference on assent to bills: The 2025 Supreme Court opinion on Articles 200–201 sets out the roles of the Governor and the President for State bills.
- Government of India Act 1935: The 1935 Act is where the Governor's "in his discretion" wording and the practice of reserving bills come from.