TAG: GS 2: POLITY
THE CONTEXT: The Supreme Court has laid down the law that a Governor, in case he withholds assent, should send back a Bill forwarded to him by a State Legislature “as soon as possible” with a message to reconsider the proposed law.
EXPLANATION
- In case, the State Assembly reiterates the Bill “with or without amendments”, the Governor has no choice or discretion, and has to give his assent to it.
- The substantive part of Article 200 empowers the Governor to withhold assent to the Bill.
- In such an event, the Governor must mandatorily follow the course of action which is indicated in the first proviso of communicating to the State Legislature ‘as soon as possible’ a message warranting the reconsideration of the Bill.
- The ultimate decision on whether or not to accept the advice of the Governor as contained in the message belongs to the legislature alone.
- That the message of the Governor does not bind the legislature is evident from the use of the expression ‘if the Bill is passed again, with or without amendments’, a three-judge Bench headed by Chief Justice of India D.Y. Chandrachud has held.
- The court held that a Governor who chooses to withhold a Bill without doing anything further would be acting in contravention of the Constitution.
PROCESS OF GRANTING ASSENT
- Article 200 of the constitution:
- 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.
- Governor shall declare either that he assents to the Bill or withholds assent or reserves the Bill for the consideration of the President.
- Governor may also return the Bill if it is not a Money Bill with a message requesting reconsideration by the house or houses.
- Article 201 of the constitution:
- When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either assents to the Bill or withholds assent from the bill.
- President may also direct the Governor to return the Bill to the House or houses of the legislature of the state for reconsideration.
- In case the Governor chooses to withhold assent, he should return the Bill as soon as possible with a message requesting the Legislative Assembly to reconsider the proposed law or any specified provisions or suggest amendments.
- The Assembly would reconsider and pass the Bill, and this time, the Governor should not withhold his assent.
- In short, the constitutional head of the State would bow to the considered decision of the elected representatives of the people.
Source: Governor holds no veto power over Bills, says Supreme Court – The Hindu
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