Q. Consider the following statements :
I. The Constitution of India explicitly mention 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?
Exp) Option a is the correct answer.
Statement I is correct: The Constitution of India explicitly mentions that in certain matters, the Governor acts in his/her discretion under Article 163. Article 163(1) of the Indian Constitution states that the Governor is to act on the aid and advice of the Council of Ministers, except in matters where the Constitution requires him to act in his discretion. Furthermore, Article 163(2) clarifies that if any question arises regarding whether a matter falls within the Governor’s discretionary powers, the Governor’s decision shall be final, and the validity of any action taken by the Governor cannot be challenged on the grounds that he should or should not have exercised his discretion.
Statement II is incorrect: According to Article 200 of Indian constitution , the Governor has the power to reserve certain bills passed by the State Legislature for the President’s consideration.The President acts only when a bill is forwarded to him by the Governor and cannot reserve a state bill for consideration on his own.
Source: http://constitutionofindia.etal.in/article_163/
http://constitutionofindia.etal.in/article_200/
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