Governor's Assent to State Laws and Bills, Categories and Constitutional Provisions

Governor’s Assent to State Laws and Bills, Categories and Constitutional Provisions

Governor of an Indian state plays a crucial role in finalizing state legislation. This process is governed by Article 200 of the Indian Constitution. Know all about Governor's Role in Lawmaking.

Table of Contents

Context: The Supreme Court asked what Tamil Nadu Governor R.N. Ravi found so “gross” about the 12 Bills the State government sent him for assent that they were kept pending for over 3 years.

Article 200: Power of Governor Related to Bill

Grant assent to the Bill.
Withhold assent from the Bill.
Reserve the Bill for the President’s consideration.
Return the Bill (unless it is a Money Bill) to the legislature for reconsideration.

Fact

If the bill passes again, the Governor cannot withhold assent.
Nabam Rebia & Bamang Felix Case 2016: The Supreme Court limited the Governor’s discretionary power under Article 200 to merely deciding whether a bill should be reserved for the President’s consideration, asserting that such actions are open to judicial review.

Article 201: Presidential Assent for Reserved Bills

Grant assent to the Bill.
Withhold assent from the Bill.
Return the Bill for reconsideration.

Reconsideration of Reserved Bills

The legislature must reconsider a returned Bill within six months.
Once passed again, it is presented to the President.
The President is not obligated to grant assent to a reconsidered Bill.

Categories of State Bills Reserved for the President

Mandatory Reservation

Bills that diminish the High Court’s powers.
Bills imposing taxes on water or electricity under certain conditions.
Bills related to financial emergency provisions.

Discretionary Reservation for Specific Purposes

To grant immunity from Articles 14 and 19 for:
- Acquisition of estates.
- Implementing Directive Principles of State Policy.
To resolve conflicts with Union laws in Concurrent List subjects.
For trade and commerce restrictions needing Presidential sanction.

General Reservation

Bills that do not fall into specific categories but are still reserved by the Governor under Article 200.

Various Commissions Recommendations

Commission	Recommendations
Sarkaria Commission	Governors should act on ministerial advice under Article 200, barring unconstitutional bills.
Sarkaria Commission	Governors should be impartial, not recently politically active, and not members of the ruling party.
Punchhi Commission	Governors should decide on bills within 6 months.
	Governors can be impeached by the State Legislature.
	A committee including the state’s Chief Minister should select Governors.
National Commission to Review the Working of the Constitution (NCRWC)	Governors should decide on bills within 4 months.
	Governors’ power to withhold assent should be limited to constitutionally stipulated cases.
2nd Administrative Reforms Commission	The Inter-State Council should formulate guidelines for the exercise of governors’ discretionary powers.
Rajamannar Committee on Centre-State Relations	Governors should function as constitutional heads of states, not as agents of the central government.