Current Affairs

GOVERNOR

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.