• Article 200 of the Indian Constitution deals with the powers of the Governor with regard to assent given to bills passed by the State legislature and other powers of the Governor.
• Governor’s assent has, of late, become a controversial issue in at least two States — Kerala and Tamil Nadu.
• In Tamil Nadu, the Governor forwarded the Bill for exemption from the National Eligibility cum Entrance Test (NEET) to the President after considerable delay.
• In Kerala the situation has become a bit curious with the Governor publicly announcing that he would not give assent to the Lokayukta Amendment Bill and the Kerala University Amendment Bill.
• A Bill passed by the State Assembly becomes law only after it is assented to by the Governor.
• The Governor being a part of the State legislature, the process of law making is complete only when he signs it, signifying his assent.
• When a Bill, passed by the Legislature of a State, is presented to the Governor, s/he has four options:
• S/He assents to the Bill.
• S/He withholds assent. The Constitution does not mention the grounds on which a Governor may withhold assent to a Bill.
• He returns the Bill to the Legislature for reconsideration except money bill. If the Bill is again passed by the State legislature with or without amendments, the Governor has to give the assent the Bill.
• S/He reserves the Bill for the consideration of the President. A Bill can be reserved for the consideration of the President only if the Governor forms an opinion that the Bill would endanger the position of the High Court by whittling away its powers. The Constitution does not mention any other type of Bill which is required to be reserved for the consideration of the President. Nevertheless, the courts have conceded a certain discretion to the Governors in the matter of sending Bills to the President.

UPSC Prelims Model Question

With reference to the Legislative powers of the Governor, which of the following statements are correct?

1. When a Bill is reserved for the President by the Governor, the President is bound to assent or return the bill within 6 months.
2. Unlike the President, the Governor can return a money bill for the reconsideration of the State legislature.
3. The Constitution does not mention the grounds on which a Governor may withhold assent to a Bill.

Select the correct answer using the code given below :

(a) 1 and 2 only

(b) 2 and 3 only

(c) 3 only

(d) 1, 2 and 3

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