A blow for the rights of the legislature, in law making

General Studies Paper – 2

Context:

In a landmark judgment, CJI Chandrachud creatively interprets Article 200, limiting Governor’s power to withhold assent.

Supreme Court emphasizes timely decisions, while potential exploitation in reserving Bills for the President is examined.

Governor’s discretion restricted by constitutional principles.

Landmark Judgment (November 10, 2023):

• Chief Justice of India, D.Y. Chandrachud, interprets Article 200creatively in State of Punjab vs Principal Secretary case.

New Interpretation of Article 200:

• CJI’s interpretation links withholding of assent with sending the Bill back for reconsideration.
• Governor has no option but to give assent after reconsideration.

Clarity on Governor’s Powers:

• Judgment clarifies confusion about Governor’s power to withhold assent.
• Protects legislative rights and constitutional system from unelected Governors.

Emphatic on Timely Decisions:

• Supreme Court emphasizes Governors cannot delay decisions on Bills.

Reserving Bills for President’s Consideration:

• Governor’s absolute option available.
• Second provison to Article 200 mentions Bills mandatorily reserved for President’s consideration.

Areas of Potential Exploitation:

• Governors can still frustrate state law-making by reserving Bills for President’s consideration.
• Supreme Court examines the issue of what Bills can be sent to the President.

Constitutional References:

• Constitution indirectly refers to reserving Bills for President’s consideration in Articles 213 and 254.

Governor’s Discretion Limited:

• Governor cannot send Bills exclusively on State subjects to the President.
• Bills on concurrent subjects need President’s assent only if they conflict with central laws.

Constitutional Duty of Governor:

• Governor’s duty is not to send Bills to the President for assent if they pertain exclusively to State subjects.
• Constitutional validity of laws is decided by the court.

Conclusion:

• Governor’s discretion limited; cannot send Bills to President arbitrarily.
• Constitutional scheme restricts Governor’s powers to ensure adherence to federal principles.