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

With reference to the constitutional powers and procedures regarding the Governor and the State Legislature in India, consider the following statements:

1. The decision of the Governor on whether a matter falls within their constitutional discretion is final, and its validity cannot be questioned.
2. When a Money Bill passed by the State Legislature is reserved by the Governor for the consideration of the President, the President may direct the Governor to return the Money Bill for reconsideration of the State Legislature.
3. Reservation of a bill by the Governor for the President's consideration is mandatory if the bill, in the Governor's opinion, endangers the constitutional position of the State High Court.

Which of the statements given above is/are correct?

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

Answer

Statements 1 and 3 are correct. The decision of the Governor regarding their discretionary powers is final under Article 163(2), and reserving a bill that endangers the powers of the High Court is mandatory under Article 200. Statement 2 is incorrect because the President has no power to return a Money Bill for reconsideration.
The combination of statements 1 and 3 is correct. Under Article 163(2), the Governor's decision on whether a matter falls within their discretion is final and immune to challenge. Furthermore, under the second proviso to Article 200, the Governor is constitutionally bound to reserve any bill for the President's consideration if it endangers the position and powers of the State High Court. Statement 2 is false because Article 201 explicitly prohibits the President from returning a Money Bill to the State Legislature for reconsideration.

Step-by-Step Solution

1
Analyze Statement 1 regarding the Governor's discretionary powers under Article 163(2).
Article 163(2) explicitly provides that if any question arises whether a matter falls within the Governor's discretion, the decision of the Governor is final and cannot be questioned.
This establishes the constitutional finality of the Governor's discretionary authority.
2
Analyze Statement 2 regarding the reservation of Money Bills for the President under Article 201.
Article 201 allows the President to direct the Governor to return a bill to the House for reconsideration, provided that the bill is not a Money Bill.
Neither the Governor nor the President can return a Money Bill for reconsideration.
3
Analyze Statement 3 regarding mandatory reservation of bills under Article 200.
The second proviso to Article 200 mandates that the Governor must reserve any bill that derogates from the powers of the High Court so as to endanger its constitutional position.
This is a mandatory (non-discretionary) constitutional requirement to safeguard judicial independence.

Key Concept

Discretionary powers of the Governor and legislative reservation provisions under Articles 163, 200, and 201
Estimated Time:1m 15s
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Topics

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

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