TN Assembly resolution seeks ‘time limit’ for Governors to clear Bills

TN Assembly resolution seeks ‘time limit’ for Governors to clear Bills

Subject: Polity

Section: Parliament

The Tamil Nadu Assembly on Monday adopted a resolution in which it criticized Raj Bhavan for stalling Bills and asked the Centre to fix a “specific time limit” for “Governors to give assent to Bills passed by the Legislatures

Concept

Assent to bills under article 200 (i.e. assent of the Governor to the bills passed by the state legislature):

• Giving assent to a Bill passed by the legislature is a normal constitutional act performed by the Governor.
• The Governor is an appointee of the President, which means the Union government.
• Article 154(1) of the Constitution vests in the Governor the executive power of the State, he is required to exercise that power in accordance with the Constitution. In other words, the Governor can act only on the aid and advice of the Council of Ministers.
• While there is not much deviation from the language used in the Government of India Act of 1935 in the context of the powers of the British era Governors, It is a settled constitutional position that the Governor is only a constitutional head and the executive power of the State is exercised by the Council of Ministers.
• When a bill is sent to the governor after it is passed by state legislature, he can:

(a) Give his assent to the bill, or

(b) Withhold his assent to the bill, or

(c) Return the bill (if it is not a money bill) for reconsideration of the state

• However, if the bill is passed again by the state legislature with or without amendments, the governor has to give his assent to the bill, or
  • Reserve the bill for the consideration of the president (article 201). In one case such reservation is obligatory, that is, where the bill passed by the state legislature endangers the position of the state high court.
  • In addition,  the  governor  can  also  reserve  the  bill  if  it  is  of the following nature:
    • (i) Ultra-vires, that is, against the provisions of the Constitution.
    • (ii) Opposed to the Directive Principles of State Policy.
    • (iii) Against the larger interest of the country.
    • (iv) Of grave national importance.
    • (v) Dealing with  compulsory  acquisition  of  property  under  Article the Constitution.