Home › PYQs › Polity › All questions › 2025 · Governor’s discretion
UPSC Prelims 2025 · Polity · Governor & State Government
Consider the following statements:
- The Constitution of India explicitly mentions that in certain spheres the Governor of a State acts in his/her own discretion.
- 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.
- (a) I only
- (b) II only
- (c) Both I and II
- (d) Neither I nor II
Show the answer and explanation
Answer: (a) I only
Discretion is written into Art. 163; reservation starts only with the Governor.
Statement by statement
1. ✓ CORRECT — Art. 163(1) Art. 163(1): 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 … in his discretion”. Examples: Sixth Schedule royalty sharing, special responsibilities (Art. 371 series), report under Art. 356.
2. ✗ WRONG — Art. 200/201 Only the Governor can reserve a State Bill for the President (Art. 200). The President acts on it after that (Art. 201), but cannot pull a Bill in on his own.
The idea
Governor’s options on a State Bill (Art. 200): assent · withhold assent · return it (not a Money Bill) · reserve it for the President (mandatory if it endangers the High Court’s position). State of Tamil Nadu v. Governor (2025): the Governor must act within reasonable time limits.
State Bill passed → Governor: assent / withhold / return / reserve (Art. 200) → President (Art. 201)
Why the others are wrong
(b) The President has no power to take up a State Bill by himself.
(c) II fails: the route is Governor → President, never President alone.
(d) Drops I, but Art. 163(1) mentions discretion in plain words.
The trap
The President is higher, so you assume he can call for any Bill. The Constitution gives him no such route.
🔒 Governor’s discretion = express (Art. 163) · President has no express discretion (Art. 74) · only the Governor reserves State Bills (Art. 200).
Solve this chapter interactively →All Polity questions