Knowledge Nugget: Why is the Governor’s right to withhold assent to a Bill important for UPSC Exam?

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Take a look astatine the indispensable events, concepts, terms, quotes, oregon phenomena each time and brushwood up your knowledge. Here’s your cognition nugget for today.

Knowledge Nugget: Governor’s Power

Subject: Polity

(Relevance: The bureau of the Governor and his/her close to withhold assent are important for the UPSC CSE Exam, arsenic they item law provisions, national dynamics, discretionary powers, and caller Supreme Court rulings related to the office, which are important for each signifier of the exam.)

Why successful the news?

The Supreme Court connected Monday (February 10) said that Article 200 of the Constitution of India dealing with the Governor’s powers to withhold oregon springiness assent to Bills passed by the authorities legislature expects the Governor to pass to the authorities the reasons for withholding assent.

“The Governor has his ain importance. He is an important fig successful the Constitution. He has an important relation to play, undoubtedly. On the contrary, the proviso expects the Governor to marque himself precise wide earlier the House that look, this is what it has to do,” Justice J B Pardiwala presiding implicit a two-judge seat said.

Key Takeaways :

1. The seat besides comprising Justice R Mahadevan was proceeding petitions filed by the Tamil Nadu government challenging Governor R N Ravi’s determination to withhold assent to definite Bills and guardant immoderate to the President.

2. Attorney General R Venkataramani had argued that the Governor request not person communicated the reasons arsenic the assent was withheld connected the crushed of repugnancy betwixt the projected authorities law, which sought to region the Governor arsenic Chancellor of the state’s universities, and the Central instrumentality — UGC Regulations.

3. The bench, however, wondered however the authorities would cognize what objections request to beryllium looked into if the reasons for withholding assent are not communicated to it. “Why can’t you archer the authorities that, look, I find repugnancy successful it? Or successful the archetypal instance, if he’s convinced, guardant it consecutive to the President?” said Justice Pardiwala.

What does the Constitution accidental astir the Governor’s relation successful giving assent to Bills?

1. Article 163 of the Constitution outlines the Governor’s wide powers, portion Article 200 specifically addresses the Governor’s relation successful granting assent to Bills. Both the provisions are work unneurotic to find the contours of the powerfulness the Governor holds connected this issue.

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2. When a Bill passed by the legislature of a authorities is presented to the Governor, the Governor has 4 options: (1) assistance assent to the Bill; (2) withhold assent to the Bills; (3) instrumentality the Bills for reconsideration; oregon (4) reserve the Bill for the information of the President.

3. According to Article 200, “When a Bill has been passed by the Legislative Assembly of a State or, successful the lawsuit of a State having a Legislative Council, has been passed by some Houses of the Legislature of the State, it shall beryllium presented to the Governor and the Governor shall state either that helium assents to the Bill oregon that helium withholds assent therefrom oregon that helium reserves the Bill for the information of the President.”

4. However, the Article has a cardinal proviso. It says that the Governor “may, arsenic soon arsenic possible” instrumentality Bills different than wealth Bills, with a connection requesting that the House reconsider it successful parts oregon successful whole. However, erstwhile the Legislative House reconsiders the Bill and sends it to the Governor erstwhile again, the Governor “shall not withhold assent therefrom”.

5. The tug-of-war betwixt the authorities and the Governor lies successful the wordplay successful the proviso. The proviso says the Governor indispensable instrumentality the Bill “as soon arsenic possible” but does not prescribe a circumstantial timeframe. Raj Bhavans person exploited this ambiguity to beryllium connected Bills indefinitely without returning them to the authorities legislature.

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Can a Governor practically clasp a Bill indefinitely?

1. Taking an indefinite clip to determine connected bills tin paralyse the elected government. However, granting assent to Bills is 1 of the fewer areas successful which the Governor tin workout his discretion. Notably, the Supreme Court successful its landmark 2016 ruling successful the Arunachal Pradesh Assembly lawsuit (Nabam Rebia and Bamang Felix vs Deputy Speaker) discussed this facet briefly.

2. “Of course, the Governor cannot withhold assent to a Bill indefinitely but indispensable instrumentality it to the Assembly with a connection and this could see his proposal for amendments to the Bill. This is the taxable substance of Rule 102 and Rule 103 of the Rules which work arsenic follows: “102 (1) When a Bill passed by the Assembly is returned to the Assembly by the Governor with a connection requesting that the Assembly bash reconsider the Bill oregon immoderate specified provisions thereof oregon immoderate specified amendments arsenic are recommended successful his message, the Speaker shall work the connection of the Governor successful the Assembly if successful session, oregon if the Assembly is not successful session, nonstop that it whitethorn beryllium circulated for the accusation of the members,” the tribunal had said.

BEYOND THE NUGGET: Constitutional Provisions Related to the State Governor

1. Article 153 of the Constitution says “There shall beryllium a Governor for each State.” A fewer years aft the commencement of the Constitution, an amendment successful 1956 laid down that “nothing successful this nonfiction shall forestall the assignment of the aforesaid idiosyncratic arsenic Governor for 2 oregon much States”.

2. Article 155 says that the “Governor of a State shall beryllium appointed by the President by warrant nether his manus and seal”.

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3. Under Article 156, “the Governor shall clasp bureau during the pleasance of the President”, but his mean word of bureau volition beryllium 5 years. If the President withdraws her pleasance earlier the completion of 5 years, the Governor has to measurement down.

4. Articles 157 and 158 laic down the qualifications of the Governor and the conditions of his office. The Governor indispensable beryllium a national of India and should person completed the property of 35 years. The Governor should not beryllium a subordinate of Parliament oregon a authorities legislature, and indispensable not clasp immoderate different bureau of profit.

(Sources: Article 200 expects Governor to archer authorities reasons for withholding assent to Bills: SC connected TN situation to hold from Raj Bhavan, Governor’s close to withhold assent, How are Governors appointed, upgovernor.gov.in)

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