Article 200 of the Indian Constitution [Powers of Governor to Decide on Bills]

In April 2023, the Supreme Court said that governors should clear bills passed by the legislative assemblies “as soon as possible”, as mandated by Article 200 of the Constitution. In this article, you can learn more about Article 200 of the Indian Constitution and the powers of the Governor with respect to deciding on bills in the assemblies. This topic is very relevant for the IAS exam polity segment.

Article 200 in Indian Constitution

Article 200 gives the power to governors to grant assent/withhold assent or reserve the bill for the president’s consideration.

• He may return the bill (if it is not a Money Bill) for reconsideration by the House.
• If passed again by the House/Houses with/without amendment, the governor shall not withhold assent. 

What was the case in the SC?

• A petition was filed by the Government of Telangana seeking directions to the governor to clear ten bills passed by the state Assembly.

SC’s Observations Regarding Governor’s Power to Decide on Bills

• It said that Article 200 has the “as soon as possible” mandate after the presentation of the bill for the assent or to return the bill for reconsideration to the House/Houses of the state legislature.
• It also emphasized that the expression “as soon as possible” has a significant constitutional intent and must be respected. 

Read other important Supreme Court judgements in the link.

What are States’ issues?

• Several State governments viz. Kerala, Delhi, Tamil Nadu, Punjab, Chhattisgarh and West Bengal allege indecision on the part of the governor on bills.
• Recently, the Tamil Nadu Assembly passed a resolution requesting the President to mandate a timeline for assent to be given to bills.

Other constitutional mandates:

• Article 355 says that it shall be the duty of the Union to ensure that the government of every State is carried on in accordance with the Constitution.
• Violating Article 200 creates a situation where governance of the state cannot be carried on in accordance with the Constitution, kicking in the provisions for the President’s rule under Article 356. 
• Under Article 154 the governor can exercise his/her executive powers only on the advice of the Council of Ministers.
• Moreover, the governor is only a constitutional head and has no such veto powers. 

Way Forward: A bill being a policy imperative, withholding assent would mean the virtual death of the bill. Hence, it can be challenged in a court of law. Moreover, the judiciary must find a balance and fix a reasonable time frame for governors to take action. 

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