Article 200 of the Indian Constitution

Prelims OnlySC Judgements | Polity | Mains Paper 2: Federalism
Note4Students

From UPSC perspective, the following things are important :

Prelims level: Article 200

Why in the News?

The Supreme Court has criticized Tamil Nadu Governor for creating an “impasse” by withholding assent to state bills and later referring them to the President, questioning his handling of state bills under Article 200 of the Constitution. The Governor has withheld 12 Bills, primarily concerning higher education and the appointment of Vice-Chancellors in State universities.

Judicial Precursor: Rameshwar Prasad Case (2005)

  • Article 361 provides immunity to Governors from court proceedings for actions taken in their official capacity.
  • However, in Rameshwar Prasad & Ors. vs Union of India & Anr., the Supreme Court ruled that:
    • Immunity under Article 361 does not prevent judicial review of the Governor’s actions.
    • If a Governor withholds assent with malicious intent, the decision can be deemed unconstitutional.
    • Governors must provide valid reasons for withholding assent, as they cannot act arbitrarily.

What is Article 200?

  • Article 200 governs the Governor’s options when a Bill passed by the State Legislature is presented for approval.
  • It outlines the Governor’s discretionary powers regarding assenting, withholding, returning, or reserving Bills.

Provisions and Features:

  • The Governor has four options when presented with a State Legislature Bill:
  1. Assent to the Bill: The Bill becomes law.
  2. Withhold Assent: The Governor can refuse approval.
  3. Return the Bill: If it is NOT a Money Bill, the Governor can send it back to the State Legislature for reconsideration.
  • Reserve the Bill for the President’s Consideration:  If the Bill-
    • Violates the Constitution or a Central law.
    • Affects national interests or is ultra vires.
    • Opposes the Directive Principles of State Policy (DPSP).
    • Concerns compulsory property acquisition under Article 31A.
    • Endangers the position of the State High Court (mandatory reservation).
  • Article 201 deals with Bills reserved for the President’s approval, granting the President the power to:
    • Assent to the Bill or withhold assent.
    • Return the Bill for reconsideration by the State Legislature.
  • Key Constitutional Debates:
    • No time limit exists for the Governor to act, leading to delays and constitutional challenges.
    • Judicial scrutiny has questioned prolonged withholding of assent, as seen in recent Supreme Court cases.

PYQ:

[2014] Which of the following are the discretionary powers given to the Governor of a State?

  1. Sending a report to the President of India for imposing the President’s rule
  2. Appointing the Ministers
  3. Reserving certain bills passed by the State Legislature for consideration of the President of India
  4. Making the rules to conduct the business of the State Government

Select the correct answer using the code given below:

(a) 1 and 2 only

(b) 1 and 3 only

(c) 2, 3 and 4 only

(d) 1, 2, 3 and 4

 

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