Context: The “inordinate” gubernatorial delay in giving assent to Bills passed by their respective State legislatures has accorded Kerala Chief Minister Pinarayi Vijayan and his Tamil Nadu counterpart M.K. Stalin a consequential opportunity to make a common political cause in addressing a vola tile issue that has roiled both administrations and strained their relations with the BJP led Central government.
Office of Governor
- Powers and functions of the Governor can be categorised under the following categories
- Executive powers
- Legislative Powers
- Judicial Powers
- Financial Powers
- Now power and function of the Governor pertaining to giving assent to a bill falls under category of legislative powers.
Constitutional Provisions
- Article 200 – 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 have following options
- He may give his assents to the Bill , thus the bill becomes an Act.
- He may withholds assent , the bill thus ends and does not becomes an Act.
- He may return the bill for the reconsideration of House or houses. If the bill is passed again with or without amendments and presented to Governor for his assent, the governor must give his assent to the bill.
- He may reserves the Bill for the consideration of the President.
- There is an exception to this rule and that is related to the case of Money bill. If a money bill is presented to the Governor then:
- He may give assent to the bill.
- He may withhold the assent.
- He may reserve the Bill for the consideration of the President.
- Thus Governor cannot return a money bill for the reconsideration of the House, or as the case may be. However, Governor normally gives his assent to the Money bill as it is introduced in the state legislature with the prior permission of the Governor.
- Article 200 also makes it mandatory for the Governor to reserve a bill for the consideration of the President , if in the Opinion of the Governor provisions of bill derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill.
- Article 201 – When a Bill is reserved by a Governor for the consideration of the President, the President shall have following options
- He may give his Assent.
- He may withhold his Assent.
- He may direct the Governor to return the bill to the House or, as the case may be.
- When the governor reserves a bill (ordinary or money) for the consideration of the President, he will not have any further role in the enactment of the bill. If the President gives his assent to the bill, it becomes an Act. This means that the assent of the governor is no longer required.
- In case of a Money Bill, The President may give his assent or withhold his assent, but cannot return it for reconsideration.
- When a Bill is returned for the reconsideration, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of the Bill and, if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration. President is not bound to give his assent to such reconsidered bill.
