Posted on by Insights Editor
Print Friendly, PDF & Email

Governor not sending Bills for Presidential assent

Topics Covered: Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.

Governor not sending Bills for Presidential assent:

Context:

Rajasthan Chief Minister Ashok Gehlot has said the Amendment Bills passed in the State Assembly last month to counter the Centre’s farm laws were held up in Raj Bhavan, as the Governor was not sending them for Presidential assent.

  • The Union government was not willing to accept that the Bills were in “public interest”, he said.

What does the Constitution of India say on Governor’s power to reserve bills for consideration of the President?

Article 200 of the Indian Constitution deals with the powers of the Governor with regard to assent given to bills passed by the State legislature and other powers of the Governor such as reserving the bill for the President’s consideration.

According to Article 200, when a Bill, passed by the Legislature of a State, is presented to the Governor, he has four options:

  1. He assents to the Bill
  2. He withholds assent
  3. He reserves the Bill for the consideration of the President
  4. He returns the Bill to the Legislature for reconsideration.

Options before the President:

When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom Provided that:

  1. Where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legislature of the State together with such a message as is mentioned in the first proviso to article 200.
  2. When a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration.
  3. It is not mentioned in the constitution whether it is obligatory on the part of the President to give his assent to such a bill or not.

InstaLinks:

Prelims Link:

  1. Article 200 of the Indian Constitution.
  2. When can a state bill reserved for President’s consideration?
  3. Options before the President wrt to that bill.
  4. Exceptions under Article 200.
  5. Discretionary powers of Governor.

Sources: the Hindu.