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25th April 2023 (7 Topics)

Governors should clear bills as soon as possible: SC

Context

The Supreme Court observed that bills sent to the governor for assent must be returned "as soon as possible" and not sit over them, making state Legislative Assemblies wait indefinitely.

Key-highlights

  • Citing proviso 1 of Article 200 of the Constitution, the bench said the expression ‘as soon as possible’ has significant constitutional intent and must be borne in mind by constitutional authorities.
  • According to Article 200, "Assent to Bills 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 declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President."
  • The governor is an important constitutional figure in India, serving as the representative of the President of India in each state and union territory.

Article 200 of the Constitution of India

  • Article 200 of the Constitution provides that after a Bill has been passed by the Legislative Assembly of a state, the same shall be presented to the governor for his assent.
  • The governor may either declare that he assents to the Bill or may withhold his assent or reserve it for consideration by the President.
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