GOVERNOR'S INACTION ON BILLS – POLITY
News:
Pending Bills, the issue of gubernatorial inaction
What's in the news?
● The
recent controversy surrounding the Tamil Nadu Governor's actions regarding the
passage of Bills in the State Assembly has led to a resolution being passed urging the President of India to intervene
and fix a timeline for assent to be given to Bills passed by the Assembly.
Gubernatorial procrastination:
● Governor’s
action of unnecessarily and voluntarily
delaying or postponing something despite knowing that there will be
negative consequences for doing so.
Governor's Power over Bills:
● Article 200:
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 such as
reserving the bill for the President’s consideration.
● Article 201: ‘Bills
Reserved for Consideration’.
● Veto:
The Governor of India enjoys absolute veto, suspensive veto (except on money
bills) but not the pocket veto.
● Assent to bill: The
Governor being a part of the State legislature, the process of law making is
complete only when he signs it, signifying his assent.
● In
all democratic countries, similar provision exists in their constitutions.
Can the Governor withhold His Assent to a Bill in
Exercise of His Discretionary Powers?
● While
a plain reading of Article 200 suggests that the Governor can withhold his assent,
experts question whether he can do so only
on the advice of the Council of Ministers.
● The
Constitution provides that the Governor can exercise his executive powers only
on the advice of the Council of Ministers under Article 154.
● The
larger question is why a Governor should
be allowed to withhold assent when the Bill is passed by the Assembly.
● The
Supreme Court of India recently
addressed the issue of Governors sitting on Bills that they do not agree
with, leading to an indefinite delay in State Legislative Assemblies. The Court
referred to the provision of Article 200 of the Constitution, which mandates
that Governors should not delay over Bills sent to them for assent after they
had been passed by Legislative Assemblies.
Issues with Pending Bills:
1. Delay in Decision-Making:
● The
Governor's failure to take a decision on the Bills passed by the legislature
leads to a delay in decision-making, which affects the effective functioning of
the state government.
2. Delay in Implementation of Policies and Laws:
● When
the Governor fails to make a decision on a Bill passed by the assembly, it
delays the implementation of policies and laws.
● This
delay can have significant consequences, especially when the Bill is related to
public welfare.
3. Undermines the Democratic Process:
● The
Governor, who is appointed by the Centre, can use his powers to delay or reject
Bills passed by state assemblies for political reasons, which undermines the
democratic process.
4. Public Perception:
● The
public often views pending Bills with the Governor as a sign of inefficiency or even corruption in the
state government, which can damage the government's reputation.
5. Constitutional Ambiguity:
● There
is ambiguity in the Constitution regarding the Governor's power to withhold
assent.
● Although
the Constitution grants the Governor the power to withhold his assent, it is
unclear whether he can do so only on the advice of the Council of Ministers.
6. Lack of Accountability:
● When
the Governor withholds assent, he does
not provide any reason for his decision.
● This
lack of accountability undermines the principles of transparency and
accountability in governance.
WAY FORWARD:
● The
Governor can completely negate the will
of the legislature, and thereby negate the will of the people.
○ The
Constitution cannot be assumed to be permitting the Governor to do that.
○ Only
the judiciary can set it right by way of a clear enunciation of the law.
● Governors
sitting on Bills indefinitely without exercising any of the options given in
Article 200 is a new development which needs
new solutions within the framework of the Constitution.
● The
Supreme Court needs to fix a reasonable
time frame for Governors to take a decision on a Bill passed by the
Assembly in the larger interest of federalism in the country.
● Governor cannot act in an
arbitrary manner - Being a high
constitutional authority, the Governor cannot act in an arbitrary manner and,
therefore, will have to give reasons for refusing to give assent.