Assent to State Bills
( UPSC Prelims)
News Context
In the 16th Presidential Reference under Article 143, the Supreme Court ruled that it cannot set any specific timelines for the President and Governor to make decisions regarding the granting of assent to Bills as outlined in Articles 200/201 of the Constitution.
Key Highlights of Judgment on 16th Presidential Reference
● 'Deemed Assent' Unconstitutional: Courts cannot presume approval of a Bill simply because the court-mandated time has expired, as this infringes on the constitutional powers of the President/Governor, and violates the principles of separation of powers and the federal constitutional scheme.
● Governors/President Cannot Sit on Bills Indefinitely: This practice violates federalism, the will of the legislature, and constitutional morality.
● Limited Judicial Review: Courts may intervene if the Governor/President acts with malafide intent, but the review is limited to the procedure, not the merits.
● Supreme Advice not required: The President does not need to seek the Supreme Court's advice whenever a Governor reserves a Bill for his/her assent, as the subjective satisfaction of the President is deemed sufficient.
Note: The Constitution of India (under Article 163 (2)) explicitly states that in certain areas, the Governor of a State acts at his/her own discretion. However, the Constitution does not authorize the President to independently (suo motu) take up a State bill unless it has first been reserved and forwarded by the Governor.
Constitutional Provisions Regarding Assent to state Bills
Governor's Responsibility for State's Bill
Article 200 of the Constitution of India
State Legislature Passes A Bill
Governor Takes one of four actions:
● Grant Assent: bill becomes law
● Withhold Assent: Bill is rejected
● Return for Reconsideration (Not for money bills) with suggestions for amendment
● Reserve for President's Consideration
○ *Governor may do this as soon as possible*
○ If Legislature passes again (with/without changes), Governor MUST give assent
President's Responsibility for Bills Reserved by the Governor Article 201 of the Constitution of India
● Governor Reserves Bill for President
○ President Takes one of three actions:
● Grant Assent: bill becomes law
● Withhold Assent: Bill is rejected
● Return for Reconsideration (Not for money bills) with suggestions for amendment
○ President makes final decision to give assent to reconsidered Bill
○ Legislature must reconsider & pass (within 6 months)
Key Difference: Unlike Governor, President is NOT obligated to give assent to reconsidered Bills.
Other Key Highlights of State of Tamil Nadu vs Governor of Tamil Nadu Judgement
Here's a paraphrased version of the content with important terms highlighted in bold:
| Aspect | Detail |
|---|---|
| Inaction is unconstitutional | The Governor or President cannot use a Pocket or Absolute Veto on Bills as per Articles 200 and 201; failure to act can be contested through a writ of mandamus.Note: A writ of mandamus cannot be issued:- against a private individual or entity.- to enforce departmental instructions lacking statutory authority.- when the duty is discretionary or involves enforcing a contractual obligation.- against the President of India or State Governors. |
| Governor can’t reserve re-enacted Bill | The Governor can reserve a Bill only once; after it is re-enacted, it cannot be reserved again unless it is significantly altered. |
| No absolute discretion under Article 200 | The Governor must follow the advice of the Council of Ministers except in constitutionally defined situations:- High Court powers,- Articles 288 (taxes on water or electricity),- Article 360 (Financial Emergency),- Article 254(2) (Concurrent List),- Article 304(b) (Interstate trade and commerce),- Articles 31A/31C- Unconstitutional Bills. |
| Discretion subject to judicial review | While the act of giving assent is not subject to judicial scrutiny, the decision to withhold or reserve assent can be challenged in court. |
| President & Supreme Court consultation (Art. 143) | For Bills reserved due to unconstitutionality, the President should seek the Supreme Court's advisory opinion on their constitutionality; this opinion carries significant persuasive weight. |
Note: Under Article 361 (1), the Governor of a State is not accountable to any court for the exercise and performance of their powers and duties. However, government actions remain subject to judicial review. Article 361(2) grants the Governor complete immunity from criminal proceedings while in office.