Knowledge Booster: Governor’s Power to Withhold Assent to Bills

Subject: Polity and Governance
Relevance: The office of the Governor and their power to withhold assent are crucial for the UPSC CSE Exam. They highlight constitutional provisions, federal dynamics, discretionary powers, and recent Supreme Court rulings related to the office.

Why in the News?

• The Supreme Court stated that Article 200 of the Constitution expects the Governor to communicate the reasons for withholding assent to Bills passed by the state legislature.

• The SC bench was hearing petitions filed by the Tamil Nadu government challenging Governor R N Ravi’s decision to withhold assent to certain Bills and forward some to the President.

Key Aspects of the Governor’s Power Regarding Bills

1. Constitutional Provisions:

   • Article 163: Outlines the Governor’s general powers.

   • Article 200: Specifically addresses the Governor’s role in granting assent to Bills.

2. Options Available to the Governor (Article 200):

   • Grant assent to the Bill.

   • Withhold assent to the Bill.

   • Return the Bill for reconsideration (except Money Bills).

   • Reserve the Bill for the consideration of the President.

3. Key Proviso in Article 200:

   • The Governor may return Bills (other than Money Bills) “as soon as possible” with a message requesting reconsideration.

   • If the Legislative House reconsiders the Bill and sends it back, the Governor “shall not withhold assent therefrom”.

4. Ambiguity and Exploitation:

   • The phrase “as soon as possible” lacks a specific timeframe, which Raj Bhavans have used to delay decisions on Bills indefinitely.

Significance of Governor’s Role

1. Impact on Elected Government:

   • Indefinite delays in deciding on bills can paralyze the elected government.

2. Discretionary Power:

   • Granting assent to Bills is one of the few areas where the Governor can exercise discretion.

3. Supreme Court’s View (Nabam Rebia and Bamang Felix vs Deputy Speaker):

   • The Governor cannot withhold assent indefinitely but must return it to the Assembly with a message.

   • This could include recommendations for amendments to the Bill

Constitutional Provisions Related to the Governor

Key Issues and Concerns

• Governors taking an indefinite time to decide on bills can paralyse the elected government.

Additional Points

• Article 153: There shall be a Governor for each State.

• Article 155: The Governor of a State shall be appointed by the President.

• Article 156: The Governor shall hold office during the pleasure of the President. The normal term is five years.

• Articles 157 & 158: The Governor must be a citizen of India and at least 35 years old. They should not be a member of Parliament or a state legislature, and must not hold any other office of profit.