PRESEIDENT ASSENT TO STATE BILLS

PRESEIDENT ASSENT TO STATE BILLS

Subject : Polity

Context : The Union government informed the Lok Sabha on Tuesday that an inter-ministerial consultation for the Andhra Pradesh Disha (Special Courts for Specified Offences against Women and Children) Bill, 2020, had been initiated.

Minister of State for Home G. Kishan Reddy informed the House that the Bill reserved by the Governor had been received in January 2021 for assent of the President

Concept :

• 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.
• 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.

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, or
• Withhold his assent to the bill, or
• 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.