Article 153 of the Indian Constitution stipulates that each state shall have a Governor, with the possibility of one individual serving as Governor for multiple states. Appointed by the President, the Governor’s office is held at the President’s pleasure. This appointment process involves a warrant under the President’s hand and seal (Articles 155 and 156).
Powers and Discretions of the Governor According to the Constitution
According to Article 161, the Governor has the power to grant pardons, reprieves, etc., and this authority is exercised in collaboration with the State Government, rather than autonomously. The State Government’s advice binds the Head of the State, as stated by the Supreme Court. Further, Article 163 positions a council of ministers, led by the Chief Minister, to counsel and assist the Governor in fulfilling his functions.
The Governor also has discretion in specific situations such as appointing a chief minister when no party has a clear majority in the state legislative assembly, during no-confidence motions, or in case of failure of constitutional machinery in the State (Article 356).
Bill Assenting Process According to Article 200
Article 200 outlines the process for a Bill passed by the State’s Legislative Assembly to be presented to the Governor for approval. The Governor can decide to assent, withhold assent, send the Bill back with a request for reconsideration, or hold the Bill for the President’s consideration. As per the landmark Purushothaman Nambudiri v State of Kerala case, a bill pending the Governor’s assent does not lapse upon the dissolution of the House.
Instances of Governors Withholding Assent to Bills in India
Some recent examples of Governors withholding their assent to Bills include the Chhattisgarh Governor in April 2020, withholding assent to a Bill seeking to amend Section 8(5) of the Chhattisgarh Lokayukta Act, 2001. In September 2021, the Tamil Nadu Assembly passed a Bill for exemption from the National Eligibility cum Entrance Test (NEET), but the Governor reserved the Bill for the President’s approval after a significant delay.
Supreme Court’s View and Recommendations on the Governor’s Power to Withhold Assent
The Supreme Court clarified in Nabam Rebia and Bamang Felix vs Dy.Speaker that the Governor’s discretion under Article 200 is limited to deciding whether a bill should be held for the President’s review. It emphasized that a Governor’s actions, or lack of action, in this regard can be subject to judicial review, deeming withholding assent indefinitely as unconstitutional.
In terms of recommendations for future policy, the Punchhi Commission (2010) suggested a time limit for decisions on granting assent to Bills or holding them for the President’s consideration. Similarly, the National Commission to Review the Working of the Constitution proposed a four-month time frame for these decisions.
The Impact of the Governor’s Discretionary Powers on Civil Service Examinations
Included in the Union Public Service Commission (UPSC) Civil Services Examination are questions about the discretionary powers granted to a state’s Governor. Candidates are asked questions such as whether the Supreme Court judgment can settle a political dispute between the Lt. Governor and elected government or the legislative power’s essential conditions exercised by the Governor. These questions highlight the importance of understanding the Governor’s role and authority in India’s political landscape.
