Article 200 of the Indian Constitution outlines the procedure concerning the Governor’s role in giving assent to bills passed by the State Legislature. It grants the Governor significant power in shaping state laws, by providing multiple options including assenting, withholding assent, reserving the bill for the President’s consideration, or returning the bill to the legislature for reconsideration.
Original Text
“200. Assent to Bills
When a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that the he withholds assent therefrom or that he reserves the Bill for the consideration of the President:
Provided that the Governor may, as soon as possible after presentation to him of the Bill for assent, return the Bill if it is not a Money Bill together with a message requesting that the House or Houses will reconsider the Bill or any specified provisions thereof and in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the House or Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the House or Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent therefrom.”
Detailed Explanation
Article 200 details the process that a bill undergoes after it has been passed by the State Legislature. Upon being presented to the Governor, the article provides the Governor with four courses of action:
- Grant Assent: The Governor can signify his assent to the Bill, thereby enacting it into law.
- Withhold Assent: The Governor can refuse to give assent to the Bill, effectively vetoing it. The Bill then does not become law.
- Reserve for President’s Consideration: The Governor can reserve the Bill for the President’s consideration. This option allows the President to review the Bill and make a decision, overriding the Governor’s power.
- Return for Reconsideration: If the Bill is not a Money Bill, the Governor can return it to the legislature with a message requesting reconsideration of the Bill or specific provisions, along with suggested amendments. If the legislature re-passes the Bill, with or without amendments, and presents it again to the Governor, the Governor must give his assent.
The proviso to the article emphasizes that the power of returning the bill for reconsideration does not apply to Money Bills. If a Money Bill is passed by the legislature and presented to the Governor, the Governor only has the options of granting assent, withholding assent, or reserving it for the President’s consideration. The Governor cannot send a Money Bill back for reconsideration.
Detailed Notes
- Presentation to the Governor: Once a bill is passed by the State Legislative Assembly (or both houses in a bicameral legislature), it is presented to the Governor.
- Four Options for the Governor: Article 200 provides the Governor with four distinct options:
- Assenting to the Bill.
- Withholding Assent from the Bill.
- Reserving the Bill for the President’s consideration.
- Returning the Bill (if it is not a Money Bill) to the legislature for reconsideration.
- Returning the Bill: The Governor can return a non-Money Bill with a message suggesting specific amendments or requesting the legislature to reconsider the bill.
- Legislature’s Action After Return: If the Governor returns a Bill, the legislature must reconsider it.
- Governor’s Obligation After Re-passage: If the legislature re-passes the Bill, with or without amendments, and presents it to the Governor again, the Governor must give assent. This effectively removes the Governor’s veto power if the legislature is determined to pass the bill.
- Money Bills: The power to return a bill for reconsideration does not apply to Money Bills. The Governor can either assent to a Money Bill, withhold assent, or reserve it for the President’s consideration.
- Presidential Consideration: If a bill is reserved for the President’s consideration, the President can either assent to the Bill or withhold assent. The President also has the power to direct the Governor to return the Bill to the State Legislature for reconsideration.
- Impact on State Lawmaking: Article 200 significantly impacts the state lawmaking process, granting the Governor a crucial role in determining whether a bill becomes law.
- Balancing Power: The article provides a mechanism for balancing power between the executive (Governor) and the legislature in the state.
- Presidential Override: The provision for reserving a Bill for the President’s consideration allows the Union Government to potentially override state legislation.
Additional Comments
- The Supreme Court has interpreted the ‘as soon as possible’ phrase in the proviso regarding returning Bills for reconsideration to mean that the Governor should act promptly and without undue delay. However, there is no specific timeframe defined in the Constitution.
- The Governor’s power to reserve a Bill for the President’s consideration is often viewed as a mechanism for the Union Government to exercise control over state legislation, particularly when there are concerns about its constitutionality or its impact on national policy.
- The Sarkaria Commission on Centre-State Relations recommended that the reasons for withholding assent or reserving a Bill for Presidential consideration should be communicated to the State Government.
- The power dynamics between the Governor and the State Government can be complex, especially when different political parties are in power at the center and the state.
Summary
Article 200 empowers the Governor regarding state legislation by granting them four choices: assent, withholding assent, reserving for Presidential consideration, or returning non-Money Bills for legislative reconsideration. If a returned Bill is re-passed, the Governor is bound to grant assent. This mechanism balances power between the executive and legislature and allows for potential Union influence via Presidential consideration.