GOVERNOR AND STATE BILLS – POLITY
News: Tamil Nadu may go to court over Governor Ravi holding back Bills
What is in the news?
●
Recently. Tamil Nadu
Chief Minister indicated that the Tamil Nadu government might move court
against Governor withholding assent to several Bills passed in the State
Assembly.
Consequences of the governors' delay in giving assents
to bill:
1. Anti-democratic attitude:
●
Holding the bills passed
by the representatives, elected by the people, is an anti-democratic and
undemocratic attitude.
●
People’s choices should
be given more importance than any constitutional authorities.
2. Affects federalism:
●
Governors’ actions like
holding the bills severely undermines the state legislature's power and thus
affects the central state relations.
3. Undermine judicial pronouncement:
●
In April 2023, the
Supreme Court ruled that the governors should return the bill as soon as
possible if they don’t agree with the provisions in the bill.
4. Domino effect:
●
Actions of governors in
one State will have a domino effect on other states as other state governors
can take the actions as predecessor.
5. Double rule system:
●
This will lead to a
double rule system in the state and will affect the efficacy of the state
administration.
6. Threat to Constitutional morality:
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The Constitution requires
governors to be neutral and act above party politics in the state; Holding back
of bills will undermine the constitutional morality of the country.
7. Impact on Governance:
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Delays in assenting to
important bills can have implications for effective governance.
●
If crucial legislation,
such as budget bills or emergency measures, is delayed, it can hinder the
government's ability to address pressing issues.
Constitutional provisions related to Governors’ assent
to bills:
●
Article
200:
○ Article
200 of the Indian Constitution outlines the process for a Bill passed by the
Legislative Assembly of a State to be presented to the Governor for assent, who
may either assent, withhold assent or reserve the Bill for consideration by the
President.
○ The
Governor may also return the Bill with a message requesting reconsideration by
the House or Houses.
●
Article
201:
○ It
states that when a Bill is reserved for
the consideration of the President, the President may assent to or withhold
assent from the Bill.
○ The
President may also direct the Governor to return the Bill to the House or
Houses of the Legislature of the State for reconsideration.
○ The
reservation is obligatory where the bill passed by the state legislature
endangers the position of the state high court.
○ However,
the governor can also reserve the bill if it is of the following nature:
■ Against
the provisions of the Constitution
■ Opposed
to the DPSP
■ Against
the larger interest of the country
■ Of
grave national importance
■ Deals
with compulsory acquisition of property under Article 31A of the Constitution.
Judicial pronouncements:
1. Supreme court’s judgements:
In April 2023, the Supreme Court ruled that the first provision to Art 200
states that the Governor must ‘as soon as possible’ after the presentation of
the Bill for assent return the Bill which is not a money bill together with a
message for reconsideration.
●
The expression ‘as soon
as possible’ has a significant constitutional intent and it must be borne in
mind.
2. Mahabir Prasad v. Prafulla Chandra 1969:
The case revolved around
the question of the nature of the governor’s pleasure under article 164(1).
●
The governor's pleasure
under article 164(1) is subject to Article 164(2). Thus, the withdrawal of the
governor's pleasure must coincide with the withdrawal of support to the
ministry by the assembly.
WAY FORWARD:
1. Constitutional amendment:
●
Article 200 of the
Constitution can be amended based on the recommendation of the Punchhi
commission.
●
The
Punchchi commission recommended that the governor should return the bill within
6 months.
2. Model guidelines:
●
Parliament can enact a clear framework for the governors' role
in giving assent to bills.
3. Capacity building programme:
●
Often, governors across
the country can be given capacity building training.
●
Here
governors' constitutional role and limitations and their functions can be
clearly trained.
4. Actions of governors:
●
The Governors should also act in the best interests of the State as well as
the Union.
●
The Governor should not
act as the agent of the political party in power at the Centre.
●
The Governor should act
as a link between the State and the Union Government.
5. Code of conduct:
●
The Supreme Court or
parliament can create a model code of conduct with duties, powers and
limitations for the governors.
●
Proper complaint
mechanism can be inserted in that code of conduct for the state governments.