In the process of governance in India, the Governor holds a significant role, particularly when it comes to state bills. The Indian constitution, under Article 200 and 201, empowers the Governor with certain authorities over State Bills. Recently, when the Supreme Court (SC) outlined these powers, it became mandatory for the Governor to follow a specific course of action if they choose to withhold assent to a Bill.
The Mandate of Article 200 and the Role of the Supreme Court
The Supreme Court of India has affirmed the mandate of Article 200, which states that if a Governor chooses to withhold assent to a bill, they must communicate their reasons for doing so and request the legislature to reconsider the Bill. In essence, the Governor’s withholding of assent, without signifying the necessity for the Legislature to reassess the Bill, contravenes constitutional principles.
The Final Say Belongs to the Elected Legislature
Despite the Governor’s message or decision, the elected Legislature holds the final decision on the Bill. Once the House re-passes the returned Bill, be it with or without amendments, the Governor is obligated to grant consent. Hence, the authority to accept or reject a Bill rests with the elected Legislature, and the Governor’s message does not bind the legislative body.
Delineating the Governor’s Powers under Article 200 and 201
Article 200 allows a bill passed by the Legislative Assembly of a State to be presented to the Governor for assent. The Governor can assent, withhold assent, or reserve the Bill for consideration by the President. They can also return the Bill with a message requesting reconsideration by the House/s. Article 201, however, offers the President the power to either assent or withhold assent from a Bill, and direct the Governor to return the Bill for reconsideration by the State Legislature.
The Governor’s Options Regarding State Bills
The Governor can either give assent, send it back to the Assembly requesting a reconsideration of some provisions of the Bill or the Bill itself, or reserve the bill for the consideration of the President. Reservation is obligatory where the bill passed by the state legislature jeopardizes the position of the state high court. However, the governor can also reserve the bill if it is against constitutional provisions, opposed to the Directive Principles of State Policy (DPSP), against the country’s larger interest, of grave national importance, or deals with compulsory acquisition of property under Article 31A of the Constitution.
Can Discretionary Powers Permit the Governor to Withhold Assent?
While Article 200 suggests that the Governor can withhold his assent, there is ongoing debate as to whether he can do so solely on the Council of Ministers’ advice. Article 154 states that the Governor can exercise his executive powers only on this advice. This leads to the larger question: why should a Governor be permitted to withhold assent when the Bill is approved by the Assembly?
Issues Arising from Pending Bills
When the Governor fails to decide on bills passed by the legislature, it leads to delay in decision-making, affecting the effective functioning of the state government and delaying the implementation of policies and laws. Such behavior can also undermine the democratic process if used for political reasons. Furthermore, this kind of indecision can negatively impact the government’s reputation. Also, without providing a reason for withholding assent, the principles of transparency and accountability in governance are compromised.
A Way Forward Towards Transparency and Accountability
Governors are urged to adhere to the guidelines of Article 200, promptly communicating their concerns about bills, sending them back to the State Legislature for reconsideration, and providing clear reasoning when withholding assent. Transparent processes and guidelines can help avoid misunderstandings as well as encourage accountability for their decisions. Continuous discussions and legal clarity on the role of Governors in the legislative process might further streamline the procedures and avoid potential conflicts.
