Governor delaying nod to quota Bills, says Baghel
- December 27, 2022
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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Governor delaying nod to quota Bills, says Baghel
Subject: Polity
Context:
- Article 200 of the Indian Constitution provides provisions regarding the powers of the Governor when a bill is passed by the state legislature.
- Under Article 200, there are four courses open to a Governor to whom a Bill passed by the State Legislature is presented for assent. The Governor assents, or withholds assent, or reserves the Bill for the consideration of the President, or returns the Bill (if not a Money Bill) for reconsideration, with his message.
- When a bill other than money bill is presented before Governor for his assent, he either gives assent to the bill, withhold his assent to the bill or return the bill for reconsideration of houses.
- If the bill is passed again by state legislature with or without amendments, he has to give his assent or reserve the bill for consideration of President.
- The Governor cannot send money bill back for reconsideration because the money bill would usually be introduced with prior assent of Governor only.
- In case the money bill reserved for Presidents assent, the President has to state whether he is giving assent or withholding his assent.
- The Constitution does not furnish any guidance to the Governor that in which matters he should accord his assent and in which matters he should withhold assent.
Article 201
Options for President on Bills reserved by Governor
When a bill passed by a state legislature is reserved by the governor for consideration of the President, the President can:
- Give his assent to the bill
- Withhold his assent to the bill
- Direct the governor to return the bill (if it is not a money bill) for reconsideration of the state legislature.
- It should be noted here that it is not obligatory for the President to give his assent even if the bill is again passed by the state legislature and sent again to him for his consideration.
- There is no timeline prescribed for even the President, under Article 201 of the Constitution, to decide on the outcome of the Bill. Even as there is no timeline for the President to grant assent, there is a timeline of six months applicable to the State Assembly to reconsider the Bill if the President decides to refer it back to the House.
- The President under Article 201 shall either assent to the Bill or withhold his assent. There is no compulsion that the President should “act as soon as possible after presentation”