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

With reference to the constitutional position and powers of the Governor in an Indian State, consider the following statements:

1. Reserving a bill passed by the State Legislature for the consideration of the President is mandatory for the Governor if the bill endangers the constitutional position of the State High Court.
2. If a non-Money Bill returned by the President is re-passed by the State Legislature with or without amendments, the President is constitutionally bound to give assent to the bill.
3. The Constitution explicitly provides for the Governor acting in their discretion under specific circumstances, whereas no such explicit provision for constitutional discretion exists for the President.

Which of the statements given above are correct?

  1. 1 and 3 onlyCevap
  2. B
    1 and 2 only
  3. C
    2 and 3 only
  4. D
    1, 2 and 3

Cevap

The correct option is the one stating that statements 1 and 3 only are correct.
The combination of statements 1 and 3 only is correct. Statement 1 accurately captures the compulsory reservation clause under Article 200 concerning High Court authority. Statement 3 correctly identifies that Article 163 explicitly provides for gubernatorial discretion, unlike Article 74 regarding the President. Statement 2 is false as the President is not constitutionally bound to give assent under Article 201.

Adım Adım Çözüm

1
Analyze Statement 1 regarding mandatory bill reservation under Article 200.
Under the second proviso of Article 200, if a bill passed by the State Legislature endangers the position of the State High Court by derogating its constitutional powers, the Governor must reserve it for Presidential consideration.
This is a mandatory constitutional obligation designed to safeguard judicial independence in states.
2
Analyze Statement 2 regarding Presidential assent to State bills under Article 201.
Under Article 201, if the President returns a non-Money Bill to the State Legislature and the Legislature re-passes it, the President is still under no constitutional obligation to grant assent.
The veto power of the President over State legislation is absolute, unlike for Parliamentary bills under Article 111 where re-passage obligates Presidential assent.
3
Analyze Statement 3 regarding explicit constitutional discretion of the Governor.
Article 163(1) and 163(2) explicitly empower the Governor to act 'in his discretion' in certain matters and make the Governor's decision on discretion final. In contrast, Article 74 does not contain similar explicit wording for the President.
The Constitution deliberately grants explicit constitutional discretion to the Governor.

Anahtar Kavram

Discretionary powers and legislative procedure of the Governor under Articles 163, 200, and 201.
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State Executive and Legislature: Governor, CM, and State Assemblies

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