Actual Article
Article 201: Bills reserved for consideration
- When a Bill has been passed by the House or Houses of the Legislature of a State but has not been assented to by the Governor, the Governor may, instead of reserving the Bill for the consideration of the President, 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 suggest any amendments that the Governor may recommend.
- The House or Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the House or Houses with or without amendments and presented to the Governor for assent, the Governor shall not withhold assent therefrom.
- However, the Governor may reserve the Bill for the consideration of the President; and the President shall declare either that he assents to the Bill, or that he withholds assent therefrom, or that he returns the Bill if it is not a Money Bill to the Houses with a message requesting that they reconsider the Bill or any specified provisions thereof and consider the desirability of introducing any such amendments as the President may recommend in his message.
- 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 President for assent, the President shall not withhold assent therefrom.
UPSC Notes for Article 201
Explanation:
- Governor’s Options for Bills: Article 201 outlines the procedures a Governor must follow when dealing with a Bill passed by the state legislature that he has chosen not to assent to. The Governor has the option to return the Bill to the legislature (unless it is a Money Bill) with suggestions for reconsideration or to reserve the Bill for the President’s consideration.
- Presidential Review: If the Governor reserves a Bill for the President’s consideration, the President has similar options as the Governor: to assent, to withhold assent, or to return the Bill with recommendations for amendments (unless it is a Money Bill).
- Legislative Reconsideration and Final Assent: If a Bill is returned by either the Governor or the President and is then passed again by the legislature, with or without amendments, it must be assented to by the Governor or the President, respectively, when it is presented again.
Key Points:
- Checks and Balances: This article provides a mechanism of checks and balances between the state’s executive (Governor) and the legislature, as well as an additional layer of oversight by the national executive (President), ensuring that state legislation is thoroughly reviewed.
- Governor and President as Balancing Forces: Both the Governor and the President act as balancing forces in the legislative process, intended to ensure that legislation is in the best interests of the public and adheres to the Constitution.
Important Cases and Commissions Related to Article 201
Cases:
- No specific landmark cases interpreting Article 201 have been identified, as the procedures are generally administrative and follow constitutional mandates.
Commissions:
- Administrative Reforms Commission: Might have explored the dynamics of federal relationships, including the interaction between state governors and the President in legislative processes.
Important Reports Related to Article 201:
- Law Commission Reports: Could discuss the interplay between state legislation and national oversight, suggesting reforms to streamline these interactions while ensuring effective governance.
Previous Year Prelims Questions Related to Article 201
- (UPSC Prelims 2016) What can the Governor do if he does not wish to assent to a Bill?
- A. Veto it permanently
- B. Reserve it for the President’s consideration
- C. Return it to the legislature with suggestions
- D. Both B and C Correct Answer: D. Both B and C
- (UPSC Prelims 2018) Under what condition must the President assent to a Bill?
- A. When the Bill involves inter-state trade
- B. When the Bill is passed again by the legislature after being returned
- C. When the Bill deals with constitutional amendments
- D. When the Bill is a Money Bill Correct Answer: B. When the Bill is passed again by the legislature after being returned
Previous Year Mains Questions Related to Article 201
- Mains 2016: “Evaluate the constitutional role of the Governor and the President concerning state legislation as outlined in Article 201.”
- Mains 2019: “Discuss the impact of the procedures described in Article 201 on the legislative autonomy of states. How does this reflect the federal structure of India?”
Additional Insights:
- Governance and Federalism: Article 201 emphasizes the federal structure of India, where state legislation can be subject to review at both the state and national levels, ensuring that laws are comprehensive and constitutionally sound.
- Legislative Integrity and Oversight: The processes established by Article 201 promote legislative integrity and provide significant oversight mechanisms, crucial for maintaining the quality and effectiveness of governance.
Understanding Article 201 is crucial for UPSC aspirants as it provides insights into the complex procedures involving the Governor’s and President’s roles in state legislation. This knowledge is essential for both preliminary and main examinations, highlighting the nuanced checks and balances that underpin India’s federal system.