Why in news
Supreme Court agreed to examine if Governors, by indefinitely sitting on crucial Bills only to eventually refer them to the President
President who solely acts on the advice of the Centre, are opening the doors for Union interference in the legislative domain of States, thereby subverting federalism
A petition filed by the State of Kerala which brought into focus the role of its Governor
Power of governor
He may give assent, or he can send it back to the Assembly requesting it to reconsider some provisions of the Bill, or the Bill itself.
He may reserve the bill for the consideration of the president.
The reservation is obligatory where the bill passed by the state legislature endangers the position of the state high court.
However, the governor can also reserve the bill if it is of the following nature:
Against the provisions of the Constitution
Opposed to the DPSP
Against the larger interest of the country
Of grave national importance
Deals with compulsory acquisition of property under Article 31A of the Constitution
Another option is to withhold the assent, but this is not normally done by any Governor because it would be an extremely unpopular action
Article 200
It outlines the process for a Bill passed by the Legislative Assembly of a State to be presented to the Governor for assent, who may either
assent, withhold assent or reserve the Bill for consideration by the President.
The Governor may also return the Bill with a message requesting reconsideration by the House or Houses
Article 201
It states that when a Bill is reserved for the consideration of the President, the President may assent to or withhold assent from the Bill.
The President may also direct the Governor to return the Bill to the House or Houses of the Legislature of the State for reconsideration.
Article 213
Power of Governor to promulgate Ordinances during recess of Legislature
These ordinance must be approved by the state legislature within 6 weeks from its reassembly
All ordinance promulgated by the governor in the state have the same effect and force as an act of the legislature of the state
COMMENTS