Part VI: The State Legislature

Article 201: Bills Reserved for Consideration

Original Article:

Article 201. Bills Reserved for Consideration:

When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom:

Provided that, where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the House or, as the case may be, the Houses of the Legislature of the State together with such a message as is mentioned in the first proviso to article 200 and, when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration.

Explanations:

Article 201 empowers the President of India to review bills reserved by the Governor for consideration. It provides a mechanism for ensuring state legislation aligns with national interests. The Article allows the President to grant or withhold assent or return a bill for reconsideration if it is not a Money Bill.

Clause-by-Clause Breakdown:

Clause 1 – Presidential Assent or Withholding:

The President has the discretion to assent to or withhold assent from a bill reserved by the Governor.

Clause 2 – Return for Reconsideration:

For non-Money Bills, the President can direct the Governor to return the bill to the State Legislature for reconsideration. The Legislature must act on the President's suggestions within six months.

Historical Significance:

Article 201 reflects the federal structure of India by allowing central oversight over state legislation. It ensures a balance between state autonomy and national integrity, particularly for legislation with broader implications.

Legislative History:

Article 201 was introduced as Article 176 in the Draft Constitution. Debates emphasized the need for Presidential oversight to maintain constitutional harmony between the Union and the states.

Debates and Deliberations:

Dr. B. R. Ambedkar advocated for the inclusion of Article 201 to ensure that state legislation aligns with national policies. He stated that the power to withhold assent or return bills for reconsideration would provide a safeguard against laws that could conflict with constitutional principles or Union interests.

Shri H. V. Kamath raised concerns about potential delays in governance due to the time taken for Presidential review. He proposed that time limits be strictly enforced to prevent unnecessary hold-ups. However, these concerns were addressed by specifying a six-month reconsideration period for the State Legislature.

Shri T. T. Krishnamachari supported the clause, emphasizing that it ensures the central government can intervene in cases where state legislation might undermine national objectives. He cited examples of how similar provisions in other federations have been used effectively to maintain constitutional integrity.

Ultimately, the Assembly adopted the article with these safeguards, ensuring a balance between state autonomy and federal oversight.

References:

• Constitution of India, Article 201.
• Constituent Assembly Debates, 1949.
• Case Law: State of Bihar v. Union of India, 1990.