Legislative role of the Governor

Reference

Questions have been raised on the role of the Governor due to the intervention of the Supreme Court in the case of Punjab on the bills passed by the State Assemblies and the inaction of the Governors in Tamil Nadu, Telangana and West Bengal.

Legislative Role of Governor

According to Article 200 of the Constitution

• When a Bill (other than a Money Bill) is brought before the Governor for assent, he:
  • Assents or withholds assent.
  • Reserves the Bill for the consideration of the President.
  • Returns the Bill to the Houses for reconsideration.
• If the law is re-enacted by the State Legislature with or without amendments, he has to either give his assent or reserve the Bill for the consideration of the President.
  

According to Article 201

when a bill is reserved by the governor for the consideration of the President, it is up to the President to assent to the bill or to withhold assent.

Due to controversy

• governors have adopted the strategy of sending bills to the President for consideration that they disapprove of.
• When the President refuses to give assent to State Bills on the advice of the Central Government, the State Legislatures are left with no option.
• In such a situation, it is feared that the provision of reserving certain Bills for the consideration of the President is being misused to destroy federalism.
• Basically the controversy relates to the question whether the Constitution permits such indirect central interference in the legislative field of the States?

Supreme Court Decisions on this Issue

Punjab

• In the case of the state of Punjab, the Supreme Court held that “Governors have no power to veto bills.
• Whenever they withdraw their assent, they have to send the bill back to the Legislative Assembly.
  • If the Legislative Assembly passes the bill again with or without amendments, it is mandatory for them to give assent.

Telangana

In the case of Telangana, the Supreme Court held that “Governors are expected to act on Bills as expeditiously as possible as Bills involve important constitutional elements which have to be taken into account by constitutional functionaries.

Kerala

The writ petition filed by Kerala before the Supreme Court challenges the action of the Governor in sending the Bills to the President and the President’s refusal to give his assent to them. The matter is sub judice.