Q84.
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?
Answer
A
Explanation
163(1) of the Constitution provides for a Council Ministers to aid and advise the Governor, except in where the Constitution requires the Governor act at their discretion. Article 163(2) further states if any question arises as to whether a matter falls the Governor’s discretionary powers, the decision is final. Hence, the Constitution explicitly recognize and provide for the Governor’s powers. Hence statement I is correct. Article 200 of the Constitution, the Governor has authority to reserve certain bills passed by the State for the consideration of the President. the Constitution does not empower the to independently (suo motu) take up a State unless it has first been reserved and forwarded by Governor. Hence statement II is not correct.