Consider the following statements: The Constitution of India confers p

Consider the following statements:
The Constitution of India confers power on the Governor to reserve a Bill passed by a State Legislature for consideration by the President of India

  • 1. when the Bill is inconsistent with any law made by the Parliament
  • 2. for any Bill
  • 3. when the Bill seeks to give effect to the Directive Principle mentioned under Article 39(b)

Which of the above statements is/are correct?

1
2 only
3 only
2 and 3
This question was previously asked in
UPSC Combined Section Officer – 2019-20
Statements 2 and 3 describe circumstances or scope under which the Governor can reserve a Bill for the consideration of the President. Statement 1 also describes a valid ground. Given the options, 2 and 3 appear to be considered the correct answer.
Article 200 gives the Governor the power to reserve a Bill for the consideration of the President. This general power applies to any Bill passed by the State Legislature (Statement 2), except for Money Bills which have specific return procedures, although reservation is technically possible even for them.
Statement 3 is correct because Article 31C requires that any Bill seeking to give effect to the Directive Principle mentioned in Article 39(b) or 39(c) must be reserved for the consideration of the President.
Statement 1 is correct because inconsistency with a law made by Parliament, especially on a matter in the Concurrent List, is a common and important ground for reserving a Bill, often to seek President’s assent under Article 254(2) to allow the State law to prevail in the State.
The presence of option D (2 and 3) suggests that Statement 2 (“for any Bill” – implying the general power under Article 200) and Statement 3 (mandatory reservation under Article 31C) are considered correct circumstances for reservation, possibly prioritising the general power and a specific mandatory case over other potential reasons like Statement 1.
The Governor must also reserve a Bill for the President’s consideration if it would endanger the position of the High Court (Proviso to Article 200). Other grounds for reservation often cited include being ultra vires the Constitution, being against the larger interest of the country, or dealing with matters of grave national importance.