Governors should clear bills as soon as possible: SC

Subject : Polity

Section: Executive

Concept :

The Supreme Court observed that bills sent to the governor for assent must be returned “as soon as possible” and not sit over them, making state Legislative Assemblies wait indefinitely.

Key-highlights of SC Observation

Citing proviso 1 of Article 200 of the Constitution, the bench said the expression ‘as soon as possible’ has significant constitutional intent and must be borne in mind by constitutional authorities.
According to Article 200, “Assent to Bills 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 and the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President.”
The governor is an important constitutional figure in India, serving as the representative of the President of India in each state and union territory.

Article 200 of the Indian Constitution

Article 200 of the Indian Constitution provides provisions regarding the powers of the Governor when a bill is passed by the state legislature.
The Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President.
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. (Article 201 pertains to ‘Bills Reserved for Consideration’)
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 assen

Veto Powers of Governor

The Governor of India enjoys absolute veto, suspensive veto (except on money bills) but not the pocket veto.
Absolute Veto: It refers to the power to withhold his assent to a bill passed by the legislature. The bill then ends and does not become an act.
Suspensive Veto: It is used when the bill is returned to the legislature for its reconsideration.
If the legislature resends the bill with or without amendment , it has to be approved the bill without using any of the veto powers.
Exception: Money Bill with respect to suspensive veto
Pocket Veto: The bill is kept pending for an indefinite period. This power can be exercised by President, but not by the Governor.

Related Articles

Article 355 of the Indian Constitution, it shall be the duty of the Union to ensure that the government of every State is carried on in accordance with the provisions of the Constitution.
According to Article 154 of the Constitution, the Governor can exercise his/her executive powers only on the “aid and advice of the Council of Ministers”.
Thus, the Governor can withhold assent to a Bill only on ministerial advice.

Key Supreme Court judgments on the issue of justiciability

Purushothaman Namboothiri vs State of Kerala Case, 1962: In this case, the issue that was discussed was that a Bill pending before the State Governor does not lapse on the dissolution of the Assembly.
However, this judgment does not deal with the justiciability of the process of assent.
Hoechst Pharmaceuticals Ltd. And … vs State Of Bihar And Others Case, 1983: In this case, the Court ruled that a Governor reserves a Bill for the consideration of the President in the exercise of his discretion.
However, the Court cannot determine whether it was necessary for the Governor to reserve the Bill for the consideration of the President and hence even this case does not deal with the justiciability of assent.