Governor’s Power to Refer Bills to President

Context

The Supreme Court (SC) has been urged to limit the Governor’s power to refer Bills to the President without sufficient cause. This comes in light of instances where seven Bills from Kerala, which typically wouldn’t require the President’s assent, were sent to the President, and four were refused assent without any reasons being provided.

SC Rulings

Punjab Case:

• The SC ruled that Governors do not have a veto over Bills.
• When Governors withhold assent, they are obligated to return the Bills to the Assembly.
• If the Assembly re-adopts the Bills, with or without amendments, the Governor must grant assent.

Telangana Case:

• The SC observed that Governors should return Bills “as soon as possible” and should not delay them indefinitely, thereby making State Legislative Assemblies wait.

Bill Reserved for President’s Assent

Article 200:

• Governs the Governor’s powers regarding assent to Bills passed by the State legislature.
• Allows the Governor to reserve Bills for the President’s consideration.

Obligatory Reservation:

• When a Bill passed by the state legislature endangers the position of the state high court, reservation is mandatory.

Discretionary Reservation:

• The Governor can also reserve Bills if they:
  • Are ultra vires (against the provisions of the Constitution).
  • Oppose the Directive Principles of State Policy.
  • Are against the larger interest of the country.
  • Are of grave national importance.
  • Deal with the compulsory acquisition of property under the Constitution.

By limiting the Governor’s power to refer Bills to the President without just cause, the SC aims to ensure that the legislative process is not unduly hindered and that the powers vested in the Governor are exercised in a fair and reasonable manner.