Part VI: The State Legislature

Article 200: Assent to Bills

Original Article:

Article 200. Assent to Bills:

When a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President:

Provided that the Governor may, as soon as possible after the presentation to him of the Bill for assent, return the Bill if it is not a Money Bill together with a message requesting that the House or Houses will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the House or Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the House or Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent therefrom:

Provided further that the Governor shall not assent to, but shall reserve for the consideration of the President, any Bill which in the opinion of the Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill.

Explanations:

Article 200 of the Indian Constitution outlines the Governor’s role in the legislative process of a state. It empowers the Governor to grant assent, withhold assent, or reserve a Bill for Presidential consideration. Additionally, it allows the Governor to return non-Money Bills to the Legislature for reconsideration, thereby ensuring legislative accountability and adherence to constitutional principles.

Clause-by-Clause Breakdown:

Clause 1 – Governor’s Options:

The Governor has three choices when presented with a Bill: grant assent, withhold assent, or reserve the Bill for the President’s consideration.

Clause 2 – Returning Non-Money Bills:

The Governor may return a non-Money Bill with recommendations for reconsideration. If the Legislature re-passes the Bill, with or without amendments, the Governor must grant assent.

Clause 3 – Reservation for Presidential Consideration:

Bills that may derogate from the powers of the High Court must be reserved for the President’s consideration, safeguarding judicial independence.

Historical Significance:

Article 200 reflects the balance of power between the state and central governments in India’s federal structure. By allowing Governors to reserve Bills for Presidential assent, the Article ensures that state legislation aligns with national interests and constitutional principles.

Legislative History:

Article 200 was introduced as Article 175 in the Draft Constitution and debated on 1st August 1949. The discussions emphasized the Governor’s discretionary powers and the necessity of protecting High Courts from legislative encroachments.

Debates and Deliberations:

Dr. B. R. Ambedkar defended the Governor’s powers under Article 200, stating that they act as a safeguard against hasty or unconstitutional legislation. Shri T. T. Krishnamachari supported the provision for reserving Bills that affect High Court powers, ensuring judicial independence. Concerns were raised by Shri H. V. Kamath about potential misuse of these powers, but the Assembly ultimately retained the provisions as essential checks and balances.

References:

• Constitution of India, Article 200.
• Constituent Assembly Debates, August 1, 1949.
• Case Law: Nabam Rebia v. Deputy Speaker, 2016.