Chinmaya IAS Academy – Current Affairs Chinmaya IAS Academy – Current Affairs
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GS II-Polity
The President of India has withheld assent to the Tamil Nadu Government’s Bill seeking exemption from the NEET examination.
Constitutional Provisions: Presidential Role in State Legislation
Governor’s Role – Article 200
When a State Legislature passes a Bill, it reaches the Governor, who has the following options:
- Grant assent, making it law.
- Withhold assent.
- Return the Bill for reconsideration (if it’s not a Money Bill).
- Reserve the Bill for Presidential consideration, especially when it conflicts with central laws or concerns national interest.
President’s Powers – Article 201
If a Bill is reserved by the Governor, the President can:
- Give assent, allowing the Bill to become law.
- Withhold assent, effectively rejecting it.
- Return the Bill (except Money Bills) to the State Legislature for reconsideration.
If reconsidered and passed again, the Bill is sent back to the President, who may then either give or withhold assent. However, the Constitution is silent on whether assent becomes mandatory at this stage.
Key Aspects of the Presidential Assent Process
- Pocket Veto: The Constitution does not impose a time limit for the President’s decision, enabling indefinite delay — a tool sometimes used to avoid direct rejection.
- Executive Discretion: The President acts on the advice of the Union Council of Ministers and does not exercise personal discretion.
- No Obligation to Disclose Reasons: The Constitution does not require the President to state reasons when withholding assent.
- Final and Non-Justiciable: The President’s decision is final, and courts cannot review it under current legal interpretation.
Concerns Around the Assent Process
- Absence of Timelines: Delay in decision-making weakens the legislative authority of State Assemblies.
- Erosion of Federal Spirit: Inordinate delays or denials without justification can undermine cooperative federalism.
- Opaque Procedure: Since the President acts on Cabinet advice, the process lacks transparency and is susceptible to political influence.
Comparative Perspective: Global Practices
- United Kingdom: Royal assent to laws passed by Scottish and Welsh legislatures is ceremonial; refusal is practically unheard of.
- United States: The U.S. President has no authority over state legislations; state governors exercise independent assent.
- Australia: State Governors, representing the Crown, grant formal assent; the power to withhold is rarely, if ever, exercised.
- Canada: Provincial laws are assented to by Lieutenant Governors; withholding powers are symbolic.
- Germany: Federal President has no involvement in state-level laws; the Länder (states) possess independent legislative authority under the federal constitution.
