Reservation of bills by Governors for President's Assent

Reservation of bills by Governors for President’s Assent

Read this article to know about the challenges associated with Bills Reserved for President’s Considerations and Presidential Assent for Reserved Bills.

Table of Contents

Context: The Supreme Court agreed to examine the Governor’s powers related to crucial Bills and eventually referred them to the President.

Article 200: Power of Governor Related to Bill

Grant assent to the Bill.
Withhold assent from the Bill.
Reserve the Bill for the President’s consideration.
Return the Bill (unless it is a Money Bill) to the legislature for reconsideration.

Fact

If the bill passes again, the Governor cannot withhold assent.
Nabam Rebia & Bamang Felix Case 2016: The Supreme Court limited the Governor’s discretionary power under Article 200 to merely deciding whether a bill should be reserved for the President’s consideration, asserting that such actions are open to judicial review.

Article 201: Presidential Assent for Reserved Bills

Grant assent to the Bill.
Withhold assent from the Bill.
Return the Bill for reconsideration.
Reconsideration of Reserved Bills:
- The legislature must reconsider a returned Bill within six months.
- Once passed again, it is presented to the President.
- The President is not obligated to grant assent to a reconsidered Bill.

Categories of State Bills Reserved for the President

Mandatory Reservation:
- Bills that diminish the High Court’s powers.
- Bills impose taxes on water or electricity under certain conditions.
- Bills related to financial emergency provisions.
Discretionary Reservation for Specific Purposes:
- To grant immunity from Articles 14 and 19 for:
  - Acquisition of estates.
  - Implementing Directive Principles of State Policy.
- To resolve conflicts with Union laws in Concurrent List subjects.
- Trade and commerce restrictions need presidential sanction.
General Reservation: Bills that do not fall into specific categories but are still reserved by the Governor under Article 200.

Challenges Associated with Bills Reserved for President’s Considerations

Delay in Legislative Process: Bills reserved for the President’s consideration can experience significant delays. This prolongs the legislative process and can delay the implementation of critical policies.
- Example: TN Governor forwarded the Bill for exemption from the National Eligibility cum Entrance Test (NEET) to the President after considerable delay.
Political Dynamics: The decision to reserve a bill may be influenced by political considerations, which can affect the impartiality of the decision-making process.
Uncertainty and Ambiguity: The criteria and rationale for reserving bills are sometimes unclear, leading to uncertainty to certain bills being singled out.
Federal-State Relations: When state legislation is reserved for the President’s consideration, it can lead to tensions between state governments and the central government.

Various Commissions Recommendations

Commission	Recommendations
Sarkaria Commission	Governors should act on ministerial advice under Article 200, barring unconstitutional bills.
Sarkaria Commission	Governors should be impartial, not recently politically active, and not members of the ruling party.
Punchhi Commission	Governors should decide on bills within 6 months.
	Governors can be impeached by the State Legislature.
	A committee including the state’s Chief Minister should select Governors.
National Commission to Review the Working of the Constitution (NCRWC)	Governors should decide on bills within 4 months.
	Governors’ power to withhold assent should be limited to constitutionally stipulated cases.
2nd Administrative Reforms Commission	The Inter-State Council should formulate guidelines for the exercise of governors’ discretionary powers.
Rajamannar Committee on Centre-State Relations	Governors should function as constitutional heads of states, not as agents of the central government.

Way forward

Streamlining the Decision-making Process: Implement strict timelines for the President to decide on reserved bills, similar to the timelines suggested for Governors by various commissions.
Enhancing Transparency: Define clear, transparent criteria for what constitutes a bill that must be reserved for the President’s consideration.
Political Neutrality: Ensure that the decision to reserve a bill is based on constitutional or legal requirements rather than political considerations.
Periodic Review and Feedback: Create a system for periodic review of the reservation process, involving feedback from state legislatures and the judiciary to continually refine the process.