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Difficulty: MediumState Executive and Legislature: Governor, CM, and State Assemblies

Consider the following statements regarding the constitutional position and discretionary powers of the Governor of an Indian State:

1. The Governor is constitutionally bound to reserve any bill passed by the State Legislature for the consideration of the President if it endangers the constitutional position of the State High Court.
2. The validity of any action taken by the Governor cannot be questioned in court on the ground that the Governor ought or ought not to have acted in their discretion.
3. Unlike the President of India, the Constitution explicitly provides for the exercise of discretionary powers by the Governor in certain matters.

Which of the statements given above are correct?

  1. A
    1 and 2 only
  2. B
    2 and 3 only
  3. 1, 2, and 3Answer
  4. D
    1 and 3 only

Answer

Statements 1, 2, and 3 are all correct.
The correct answer identifies that all three statements are valid constitutional facts. Statement 1 aligns with the mandatory reservation clause of Article 200 regarding High Courts. Statement 2 reflects Article 163(2), which protects the Governor's decision on discretionary matters from judicial questioning. Statement 3 accurately notes the explicit textual presence of discretionary power in Article 163(1) for the Governor, which sets it apart from Article 74 regarding the President.

Step-by-Step Solution

1
Analyze Statement 1 regarding reservation of bills for the President.
Statement 1 is correct.
Under the second proviso to Article 200 of the Constitution of India, the Governor must reserve any bill which, in his opinion, would derogate from the powers of the High Court so as to endanger its constitutional position.
2
Analyze Statement 2 regarding judicial review of gubernatorial discretion.
Statement 2 is correct.
Article 163(2) specifies that if any question arises whether a matter falls within the Governor's discretion, the Governor's decision is final and anything done shall not be called into question in any court.
3
Analyze Statement 3 regarding textual comparison of discretion between Governor and President.
Statement 3 is correct.
Article 163(1) explicitly uses the clause 'except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion', whereas Article 74 contains no explicit textual grant of discretionary powers to the President.

Key Concept

Constitutional Powers and Discretionary Jurisdiction of the Governor (Articles 163 and 200)
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Topics

State Executive and Legislature: Governor, CM, and State Assemblies

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