07 Oct 2022 Governor and State legislatures
Source: The Hindu
News: Delay in Governor’s assent to certain bills passed by Kerala and Tamil Nadu legislative assemblies is creating uncertainty around legislative programmes of the government.
Governor’s role in law making:
- Although the governor is appointed by the Central government, he is part of the state legislature. No bill can become law without his assent. After the assent of the governor bill passed by legislative assemblies transformed into law.
- According to Article 161 the Governor is bound by the advice of the State’s Council of Ministers.
- In its recent judgment Justice Rao of SC reiterated that Governor of a State is “but a shorthand expression for the State government”.
Current controversies:
- Delay by Tamil Nadu Governor in forwarding the Bill for exemption from the National Eligibility cum Entrance Test (NEET) to the President.
- Public announcement by Kerala governor that he would not give assent to the Lokayukta Amendment Bill and the Kerala University Amendment Bill.
Article 200 of the constitution provides certain rights to governor when Bill reaches him from Assembly:
- First option: The Governor can give assent to the bill.
- Second option: Bill can be sent back to the assembly requesting lawmakers to reconsider some provisions of the Bill, or the Bill itself.
- Third option: The Governor can reserve the Bill for the consideration of the President.
- Fourth option: The Governor can withhold the assent to the bill.
Analysis of Article 200:
- It affirms the primacy of the legislature in legislative exercise: As the Governor has to give assent to the bill, if the assembly passes the bill again without any changes and sends it back to the governor.
- Various court orders provide certain discretion to the governor on the matter of sending Bills to the President. But, according to constitution only that Bill can be reserved for the consideration of the President, if in the opinion of the Governor it endangers the position of High Courts with respect to its power.
- Fact that the Article 200 does not mention the grounds on which assent to the bill can be withheld, reflects that this power should be utilized sparingly by the governor after careful consideration.
- Legislative assemblies reflect the will of the people as these are constitutionally designated to make laws.
- Governor’s refusal to assent to the bill not only defeats the legislative programme of the elected government, but it is also against the spirit of the Constitution.
International practices with regards to assent of the bill:
- United Kingdom: Royal assent is necessary for any Bill passed by the Parliament to become a law, but the crown can withhold assent to the Bill. But, currently in practice and usage there is no veto power exercised by the crown. Moreover, Bill is treated as unconstitutional if royal assent is refused on the ground that the monarchy strongly disapproves of the Bill or very controversial Bill.
- United States: According to the Constitution, the President can refuse assent and return a Bill to the House but if both Houses pass it again with two thirds of majority the bill becomes a law.
Issues associated with assent power of Governor:
- Legislative exercise becomes futile if the Governor withholds assent to the Bill as no remedy is provided by Indian Constitution in such a situation.
- Constitutional challenge if the state government challenge the refusal of assent by the Governor in court: As Article 361 provides complete immunity to the Governor for any act done in exercise of their powers.
- Illogical scheme in the Constitution: Governor can indefinitely sit on the Bill passed by an Assembly. As Constitution does not fix any timeline for the Governor to decide the question of assent.
Way Forward:
- Governors, being a high constitutional authority, should not act in an arbitrary manner and give reasons while refusing to give assent to the Bill.
- Supreme Court judgment in Rameshwar Prasad and Ors. vs Union Of India and Anr reiterates the point that If the Governor refused the assent to the Bill with malafide intentions, the Governor’s action of refusal could be struck down as unconstitutional.
Article: Gubernatorial procrastination is unreasonable (P.D.T. Acharya)
Article Link: https://www.thehindu.com/opinion/lead/gubernatorial-procrastination-is-unreasonable/article65972785.ece
https://www.thehindu.com/news/national/governor-is-but-a-shorthand-expression-for-state-government-sc/article65427246.ece
Yojna IAS Daily current affairs eng med 7th Oct
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