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?
Explanation
The Constitution establishes the Governor as a constitutional head who generally acts on aid and advice, but with certain clearly defined exceptions, while the President’s role in State legislation is indirect and conditional.
Statement I is correct. Under Article 163, the Constitution explicitly recognizes that the Governor may act in his/her discretion in specific situations. These are not unlimited powers but are confined to areas where the Constitution itself provides such discretion, such as reserving a bill for the President or dealing with situations requiring a report under Article 356.
Statement II is incorrect. The President does not have any independent authority to intervene in State legislation. Under Article 200, only the Governor can reserve a bill for the President’s consideration. The President acts only after the bill is formally referred by the Governor and cannot take up a State bill on his/her own.
Thus, the constitutional scheme ensures that Governor acts as the constitutional link between the State and the Union in legislative matters, making only Statement I correct.