States In Court Against Their Governors
Source: States in Court against their Governors (The Hindu, November 07)
A battery of non-BJP ruled States have petitioned the Supreme Court, alleging that their respective Governors are unduly postponing the enactment of significant legislation by purporting to exercise a discretionary power that does not exist. The array of Bills stalled includes those pertinent to vital domains such as public health, tertiary education, the Lokayukta, and cooperative societies.
The Process Of Granting Assent
- Assent or Withhold: Under Article 200 of the Constitution, when the state legislature passes a Bill, it goes to the Governor. The Governor can do one of two things. If the Bill is not about money, the Governor can agree to the Bill or not agree to it.
- Consideration by the President: There is another choice for the Governor. If the Governor believes that the Bill could limit the courts’ power to review laws, it can be sent to the President for a review.
- Returning the Bill: If the Governor does not agree with the Bill, it must be sent back quickly. The message should ask the legislature to look at it again. The message may suggest changes to certain parts or to the whole Bill.
- Final Assent: After the Governor sends it back, the Legislative Assembly reviews the Bill. They may pass it again. If they do, the Governor must agree to it this time. The Governor respects the final decision of the elected officials.
Do Governors Have Discretion?
- Governor’s Limited Discretion: Initially, governors could send back bills according to the original draft Article 175, now known as Article 200. However, an amendment in 1949 changed this. Dr. B. R. Ambedkar explained that in a responsible government, the governor shouldn’t make decisions based solely on their judgment.
- Guidance by the Constitution and the Council of Ministers: Article 163 specifies that governors should not act on their own. They must follow the advice given by their Council of Ministers. The Supreme Court’s decision in the Shamsher Singh case reinforced this point. It made clear that the governor must act on advice provided, except in specific situations defined by the Constitution.
- Governor’s Formal Role: As the formal head, the governor must follow constitutional protocols. Deciding whether to consent to or return a bill is not a matter of personal discretion. It is a constitutional duty, guided by the principles laid out in the nation’s fundamental legal document.