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:

       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:

       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.