7th February 2025 (13 Topics)

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Governor’s Assent to Bills

Context

The Supreme Court of India addressed the delay by Tamil Nadu Governor R.N. Ravi in assenting to 12 Bills sent by the State government. These Bills, primarily related to higher education and the appointment process of Vice-Chancellors in State Universities, had been pending for over three years.

What is the process of granting assent?

Assent of the Governor or the President is necessary for a Bill passed by the legislature to become law. After a Bill is passed by both Houses of the State Legislature, it is presented to the Governor for assent.
Governor’s Options (Article 200): The Governor has the power to:
- Grant Assent: The Bill becomes law.
- Withhold Assent: The Governor can withhold assent, but it must be returned to the Legislative Assembly for reconsideration.
- Return for Reconsideration (except Money Bills): If the Governor returns the Bill, the Legislature can amend it. If re-passed, the Governor must assent.
  - Money Bills are automatically deemed assented to by the Governor.

Key Constitutional Provisions

Article 200: Governor’s discretion in assenting to Bills.
Article 201: Governor can reserve Bills for the President.
Article 163: Governor’s discretionary powers are limited by the advice of the Council of Ministers, except in specific cases.
Article 361: Immunity for the Governor, but actions may be reviewed for mala fide conduct.

Reserve for President’s Consideration (Article 201): If the Governor believes the Bill affects the Constitution or has national importance, it can be reserved for the President’s consideration.
Discretionary Powers: The Governor can withhold assent if the Bill is against national interests, violates the Constitution, or conflicts with Union laws, though this power is not absolute.
Article 167: The Governor may require the Chief Minister to communicate decisions of the Council of Ministers, including Bills pending for assent.
No Timeline for Decision: There is no specified timeline within which the Governor must act, often leading to delays or a "pocket veto."
- The Sarkaria Commission (1988) and the National Commission to Review the Working of the Constitution (2000) recommended time limits for granting assent (e.g., 6 months for assent, 3 months for President’s decision). There are ongoing debates on enforcing such timelines.
Judicial Review: The Supreme Court has held that if the Governor’s decision to withhold assent is found to be mala fide (in bad faith), it can be subject to judicial scrutiny and struck down. Courts can review such actions for constitutionality (Rameshwar Prasad, 2006).

Fact Box:

About Governor

A Governor is appointed by the President of India under Articles 155 and 156 of the Indian Constitution.
The Governor serves "during the pleasure of the President," meaning that the President has the power to remove the Governor at any time before the completion of their five-year term.
The President typically works in consultation with the Prime Minister and the Council of Ministers, and this process governs the appointment and removal of the Governor.
Article 153 of the Constitution mandates that there shall be a Governor for each state. However, a 1956 amendment allowed the same person to be appointed as Governor for two or more states.
Article 163 establishes that there shall be a Council of Ministers, headed by the Chief Minister, to assist and advise the Governor in the exercise of his functions. The Governor, however, can act in his discretion in certain matters as outlined in the Constitution.
Qualifications of a Governor: As per Articles 157 and 158 of the Indian Constitution, the qualifications for the office of Governor are:
The person must be an Indian citizen.
The person must be at least 35 years of age.
The person must not be a Member of Parliament or a member of any state legislature.
The person must not hold any other office of profit.

PYQ

Q. Which of the following are the discretionary powers given to the Governor of a State? (2014)

Sending a report to the President of India for imposing the President’s rule
Appointing the Ministers
Reserving certain bills passed by the State Legislature for consideration of the President of India
Making the rules to conduct the business of the State Government

Select the correct answer using the code given below:

1 and 2 only
1 and 3 only
2, 3 and 4 only
1, 2, 3 and 4

Solution: (b)

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GS Analyst: Daily Current Affairs

7th February 2025 (13 Topics)

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Governor’s Assent to Bills

What is the process of granting assent?

Key Constitutional Provisions

Fact Box:

PYQ

Still Have Questions?

GS Analyst: Daily Current Affairs

Governor’s Assent to Bills

What is the process of granting assent?

Key Constitutional Provisions

Fact Box:

PYQ

Still Have Questions?

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