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Difficulty: Very hardState Polity, Administration, and Governance

Consider the following statements regarding the constitutional position, legislative powers of the Governor, and state legislative procedure under the Constitution of India:

1. The discretionary power of the Governor under Article 163 to act without the advice of the Council of Ministers is absolute and completely immune from judicial review under all circumstances.
2. When a bill passed by the State Legislature is reserved by the Governor for the consideration of the President under Article 201, and the President directs the Governor to return the bill, the State Legislature must reconsider it within six months, and if re-passed, it is presented again directly to the President for assent.
3. Under Article 213, the Governor cannot promulgate an ordinance containing provisions that would have required the prior sanction of the President for introduction as a bill in the State Legislature without receiving instructions from the President.

Which of the statements given above are correct?

  1. A
    1 and 2 only
  2. 2 and 3 onlyAnswer
  3. C
    1 and 3 only
  4. D
    1, 2 and 3

Answer

Statements 2 and 3 are correct, while Statement 1 is incorrect.
The correct answer identifies that Statements 2 and 3 accurately articulate constitutional provisions under Articles 201 and 213 of the Constitution of India, whereas Statement 1 misrepresents the scope of gubernatorial discretion by claiming it is absolute and immune from judicial review.

Step-by-Step Solution

1
Evaluate Statement 1 regarding gubernatorial discretion under Article 163.
Statement 1 is incorrect.
Although Article 163(2) states that the Governor's decision on whether a matter falls within discretion is final, the Supreme Court (e.g., in Nabam Rebia v. Deputy Speaker and Rameshwar Prasad v. Union of India) ruled that discretionary power is not arbitrary or absolute and is subject to judicial review if exercised with mala fide intent or beyond constitutional bounds.
2
Evaluate Statement 2 regarding reservation of bills under Article 201.
Statement 2 is correct.
Under Article 201, if the President directs the Governor to return a non-money bill to the State Legislature, the House(s) must reconsider it within six months. If passed again (with or without amendment), it is presented again to the President for assent.
3
Evaluate Statement 3 regarding conditions on ordinance making under Article 213.
Statement 3 is correct.
Under the proviso to Article 213(1), the Governor cannot promulgate an ordinance without presidential instructions if a bill containing the same provisions would under the Constitution have required the previous sanction of the President for introduction.

Key Concept

Constitutional Provisions of State Executive and Legislative Procedures
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Topics

State Polity, Administration, and Governance

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