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?

Updated 11 Apr 2026 · From UPSC Prelims GS Paper I 2025, Q84

Contents16
UPSC Prelims GS2025Indian Polity
  1. AI only
  2. BII only
  3. CBoth I and II
  4. DNeither I nor II
Show answer

Answer: (A) I only

(I) 'Constitution explicitly mentions Governor acts in own discretion in certain spheres' — CORRECT.

Article 163(1) states that there shall be a Council of Ministers to aid and advise the Governor EXCEPT in so far as the Governor is by or under the Constitution required to exercise functions in his discretion.

Several provisions require the Governor to act in discretion:

  • reserving bills for Presidential consideration (Article 200),
  • appointing CM when no party has a clear majority,
  • reporting to the President about failure of constitutional machinery in a state (Article 356),
  • and special responsibilities under Article 371 for certain states. ✓

(II) 'President can directly reserve a State bill without Governor forwarding it' — INCORRECT.

Under the constitutional scheme, a bill passed by a State Legislature goes first to the Governor.

The Governor can give assent, withhold assent, or reserve the bill for Presidential consideration (Article 200).

There is NO provision for the President to directly pull up or reserve a State bill on their own — the bill MUST be forwarded by the Governor first.

The President's role comes into play only AFTER the Governor reserves the bill. ✗

Only Statement I is correct. Answer is (a).

Why this was asked

The Constitution explicitly grants Governors discretionary powers in specific areas like reserving bills under Article 200, appointing Chief Ministers when no party has clear majority, and reporting constitutional breakdown under Article 356.

Recent political developments involving Governors in states like West Bengal, Tamil Nadu, and Kerala have brought Governor-state government conflicts into focus, making discretionary powers a relevant exam topic.

The question tests understanding of constitutional procedure - that Presidents cannot bypass Governors to directly intervene in state legislation, maintaining the federal structure.

Governor's Discretionary Powers

Indian Polity discretion Governor Article 163

Governor's Discretionary Powers: Constitutional Provisions & UPSC Traps

Must know

Article 163(1) explicitly mentions Governor acts in discretion in certain spheres

Governor has discretionary powers in appointing CM when no clear majority exists

Article 200 gives Governor discretion to reserve bills for Presidential consideration

Good to know

Article 356 empowers Governor to report constitutional breakdown to President

Constitutional Framework

Article 163(1) establishes the fundamental rule: Governor is aided and advised by Council of Ministers EXCEPT where the Constitution requires the Governor to exercise functions in discretion. This creates two distinct spheres of gubernatorial action.

Discretionary vs Non-Discretionary Powers

Power Type

Constitutional Provision

Examples

Council of Ministers Role

Discretionary

Article 163(1) exception

Reserving bills, appointing CM without majority, reporting under Article 356

No role - Governor acts alone

Non-Discretionary

Article 163(1) general rule

Appointing ministers, issuing ordinances, day-to-day administration

Must advise - Governor bound by advice

Specific Discretionary Powers

Bill Reservation (Article 200): Governor can reserve any bill for Presidential consideration without CM's advice

CM Appointment: When no party has clear majority, Governor uses discretion to invite leader most likely to prove majority

Constitutional Breakdown (Article 356): Governor reports failure of constitutional machinery directly to President

Special Responsibilities (Article 371): Additional discretionary powers for Governors of certain northeastern and other specified states

Exam traps

Trap: Confusing discretionary with arbitrary - Governor's discretion is constitutional discretion, not personal whim

Statement I Trap: Some students think discretion is only conventional, but Constitution explicitly mentions it in Article 163(1)

Common Error: Assuming all gubernatorial powers are discretionary - most powers require Council of Ministers' advice

State Legislative Process & Presidential Role

Indian Polity bill State Legislature President reserve

State Bills: Governor-President Legislative Chain & Constitutional Limits

Must know

Article 200 mandates bills go to Governor first - President cannot directly access State bills

Governor has three options: assent, withhold assent, or reserve for President

President's role is reactive only - can act only after Governor forwards the bill

State Bill Process

%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
  s1["`**State Legislature Passes Bill**
Both houses (or single house) pass the bill`"]
  s2["`**Bill Goes to Governor**
Mandatory first step under Article 200`"]
  s3["`**Governor's Decision**
Assent OR Withhold assent OR Reserve for President`"]
  s4["`**If Reserved: President's Turn**
President can give assent or withhold assent`"]
  s5["`**Bill Becomes Law (if assent)**
Governor's assent OR President's assent makes it law`"]
  s1 --> s2
  s2 --> s3
  s3 --> s4
  s4 --> s5

Governor's Options Under Article 200

Option

Effect

Further Action Possible

Presidential Role

Give Assent

Bill becomes law immediately

None required

No role

Withhold Assent

Bill dies (except money bills)

Legislature can re-pass with/without amendments

No role unless re-passed bill reserved

Reserve for President

Bill goes to President

President decides on assent

Active role - President must decide

Why President Cannot Act Directly

The Constitution establishes a sequential process where the Governor acts as the first constitutional filter for state legislation. No provision exists for the President to bypass this sequence and directly pull up or reserve a state bill.

Exam traps

Statement II Trap: President seems powerful, but cannot bypass Governor to access state bills directly

Sequencing Error: Bills must follow Governor → President path - President cannot short-circuit this process

Federal Structure: State bills respect federal hierarchy - Governor is the constitutional gateway, not President

Article 163: Council of Ministers at State Level

Indian Polity Article 163 Council of Ministers

Article 163: Council of Ministers' Role & Exceptions in State Government

Must know

Article 163 establishes Council of Ministers to aid and advise Governor in state matters

Exception clause allows Governor to act in discretion where Constitution requires it

Good to know

Parallel to Article 74 for President-Union Council of Ministers relationship

Constitutional Text & Structure

Article 163(1) creates the state executive structure: 'There shall be a Council of Ministers with the Chief Minister at the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise any of his functions or any of them in his discretion.'

State vs Union Executive Structure

Level

Constitutional Head

Executive Head

Advisory Body

Key Article

Union

President

Prime Minister

Union Council of Ministers

Article 74

State

Governor

Chief Minister

State Council of Ministers

Article 163

Scope of Aid and Advice

General Rule: Governor must accept advice of Council of Ministers in all matters

Binding Nature: Governor cannot substitute personal judgment for ministerial advice (except in discretionary matters)

Collective Responsibility: Council of Ministers collectively responsible to State Legislative Assembly

Chief Minister's Role: Head of Council of Ministers, principal channel of communication with Governor

Exam traps

Article Confusion: Don't mix Article 163 (state) with Article 74 (union) - similar structure but different levels

Exception Misunderstanding: Exception is for constitutional discretion only, not personal preference of Governor

Article 200: Gubernatorial Assent to Bills

Indian Polity Article 200 assent withhold reserve

Article 200: Governor's Role in State Legislative Process & Bill Reservation

Must know

Article 200 gives Governor three options for bills passed by State Legislature

Governor can reserve bills for Presidential consideration as discretionary power

Good to know

Withholding assent kills the bill unless it's repassed by Legislature

Legislative Gateway Role

Article 200 makes the Governor the constitutional gateway for all state legislation. Every bill passed by State Legislature must come to Governor before it can become law - establishing Governor as the final state-level authority in the legislative process.

Governor's Powers Under Article 200

# Article 200 Powers
## Give Assent
- Bill becomes law immediately
- Most common action
- No further steps needed
## Withhold Assent
- Bill dies (temporary)
- Legislature can repass
- Governor reconsiders
## Reserve for President
- Discretionary power
- Bill goes to President
- Used for sensitive matters

When Governors Reserve Bills

Constitutional Conflict: When bill conflicts with Central laws or Constitution

Sensitive Matters: Bills affecting national security, inter-state relations, or minority interests

Political Consideration: During periods of political tension between state and center

Legal Uncertainty: When constitutional validity of bill is questionable

Exam traps

Sequential Trap: President cannot jump the queue - bills must go through Governor first under Article 200

Reservation Confusion: Reservation is Governor's discretion, not automatic for certain types of bills