Authentic Classroom Explanation by IAS Monk

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📍 The Question

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

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✅ Correct Answer: (a) I only

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🎯 Theme of the Question

Indian Polity
Governor’s Powers | Discretionary Powers
President–Governor–State Legislature Interface

This is a pure constitutional interpretation question, testing precision on who does what, and how.

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🧠 Classroom Explanation

Let us examine both statements strictly with constitutional backing.

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🔹 Statement I ✅

“The Constitution of India explicitly mentions that in certain spheres the Governor of a State acts in his/her own discretion.”

📌 Constitutional Basis:

• Article 163(1):
  • Governor shall act on the aid and advice of the Council of Ministers
  • Except in matters where the Constitution requires him/her to act in discretion
• Article 163(2):
  • If a dispute arises whether a matter falls under discretionary power,
    👉 the Governor’s decision is final

📌 Examples of Discretionary Areas (explicit or implied):

• Reserving a bill for President’s consideration
• Appointment of Chief Minister in a hung Assembly
• Sending a report to the President under Article 356

✔️ Hence, the Constitution explicitly recognises discretionary powers of the Governor.

✅ Statement I is correct.

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🔹 Statement II ❌

“The President of India can, of his/her own, reserve a bill passed by a State Legislature for consideration.”

📌 Constitutional Reality (Article 200):

• A State bill reaches the President only if:
  • The Governor reserves it
• The President has no independent or suo motu power to call for a State bill

📌 Key Principle:

• The President acts only after constitutional transmission by the Governor
• Without reservation by the Governor, the President has no locus

❌ Hence, Statement II is not correct.

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📊 Final Assessment

Statement	Status
I. Governor’s discretionary powers explicitly mentioned	✅ Correct
II. President can reserve State bill suo motu	❌ Incorrect

👉 Correct answer: (a) I only

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🧩 Prelims Trap Alert

• ❌ “President is supreme, so he can intervene anytime” → Wrong
• ✔️ In States:
  • Governor = constitutional gatekeeper
  • President = recipient, not initiator

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🧠 One-Line Memory Hook

“Governor may choose; President may only receive.”

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🧭 IAS Monk Whisper

In federalism, power flows through procedure, not personality.