Actual Article
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, 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:
- Provided that the Governor may, as soon as possible, return the Bill, if it is not a Money Bill, with a message requesting that the House or Houses reconsider the Bill or any specified provisions thereof and, in particular, may suggest any amendments to be considered by the House or Houses.
- However, the Governor shall not return any Bill for reconsideration more than once.
- Upon receiving a Bill for reconsideration, the House or Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the House or Houses with or without amendment and presented to the Governor, it shall be the duty of the Governor to assent to the Bill.
- Notwithstanding anything in this Article, a Bill shall become a law without the Governor’s assent if it is reserved by the Governor for the consideration of the President and has received the President’s assent.
UPSC Notes for Article 200
Explanation:
- Governor’s Role in Bill Assent:
- Article 200 delineates the Governor’s responsibilities after a Bill is passed by the state legislature. The Governor can either assent to the Bill, withhold assent, or return the Bill (except Money Bills) with suggestions for reconsideration.
- Procedure for Reconsideration:
- If a Bill is returned, the legislature must reconsider it. If the legislature passes the Bill again (with or without amendments) and presents it to the Governor, the Governor is then obliged to assent to it.
- Presidential Assent:
- A Bill may also become law without the Governor’s assent if it is reserved for the President’s consideration and subsequently receives the President’s approval.
Key Points:
- Governor’s Veto Power: The Governor has a suspensive veto, meaning they can ask the legislature to reconsider a Bill, but cannot ultimately block a Bill’s passage if the legislature reaffirms it.
- Checks and Balances: This process provides a check on legislative actions through executive oversight, ensuring a review mechanism that can lead to more comprehensive legislation.
Important Cases and Commissions Related to Article 200
Cases:
- No specific landmark cases interpreting Article 200 have been noted, as this article sets forth clear procedural duties typically adhered to without judicial disputes.
Commissions:
- Administrative Reforms Commission: May discuss the roles and powers of Governors in state governance, including their legislative functions, to suggest enhancements in executive-legislative interactions.
Important Reports Related to Article 200:
- Law Commission Reports: These might cover the effectiveness and implications of gubernatorial decisions on legislation, proposing reforms to streamline processes and enhance democratic accountability.
Previous Year Prelims Questions Related to Article 200
- (UPSC Prelims 2016) What can the Governor do when a Bill is presented to him?
- A. Only assent to the Bill
- B. Either assent to the Bill, withhold assent, or return the Bill for reconsideration
- C. Only withhold assent to the Bill
- D. Immediately pass the Bill to the President Correct Answer: B. Either assent to the Bill, withhold assent, or return the Bill for reconsideration
- (UPSC Prelims 2018) Under what condition can a Bill become a law without the Governor’s assent?
- A. If the Bill is approved by a special majority in the legislature
- B. If the Bill is a Money Bill
- C. If the Bill is reserved for the President’s consideration and receives his assent
- D. If the Bill is related to state security Correct Answer: C. If the Bill is reserved for the President’s consideration and receives his assent
Previous Year Mains Questions Related to Article 200
- Mains 2016: “Analyze the role of the Governor in the legislative process as outlined in Article 200.”
- Mains 2019: “Discuss the implications of gubernatorial assent as mandated by Article 200 on state legislation. Evaluate the balance of power between the state executive and legislature.”
Additional Insights:
- Governor as a Balancing Force: The Governor’s ability to return a Bill acts as a balancing force within the state’s legislative process, intended to foster careful consideration of legislation.
- Enhancing Legislative Quality: The requirement for gubernatorial assent and the potential for presidential review are designed to enhance the quality and constitutionality of state legislation.
Understanding Article 200 is crucial for UPSC aspirants as it sheds light on the gubernatorial and presidential roles in state legislative processes, emphasizing the checks and balances within the state’s governance system. This knowledge is essential for both preliminary and main examinations, offering a deeper understanding of the constitutional framework governing state legislation.