The Supreme Court on November 6 observed that governors should not start acting only after a petition is filed before the top court.
The Supreme Court was hearing a petition filed by Punjab’s AAP government opposing the delay by governor Banwarilal Purohit to grant his assent to four Bills passed by the Assembly in June and three money Bills presented for his recommendation prior to its introduction in the House.
The plea said such unconstitutional inaction has brought the entire administration to a grinding halt. It said the governor cannot indefinitely sit over the Bills as he has restricted powers under Article 200 of the Constitution, which deals with the governor’s power to give or withhold assent to a Bill or reserve a Bill for the President’s consideration.
Similar petitions have also been filed by Kerala and Tamil Nadu governments against delay by governors.
Solicitor General Tushar Mehta, appearing for the Punjab governor, told the bench that Purohit has taken action on the Bills placed before him and that the plea filed by the AAP government in the state is an unnecessary litigation.
Tendering advice that a little bit of soul-searching by governors is needed, a bench headed by Chief Justice D.Y. Chandrachud said state governors must not be oblivious of the fact that they are not elected representatives of the people.
The role of governor
• The governor is the chief executive of a state and his position is analogous to that of the President at the Centre. Despite being a nominal executive head (titular or constitutional head), the governor has “a right to be consulted, to warn and encourage” and his role is overwhelmingly that of a “friend, philosopher and guide” to the council of ministers.
• Under this role, he also functions as a sentinel of the Constitution and a live link with the Union.
• Article 153 of the Constitution requires that there shall be a governor for each state. One person can be appointed as governor for two or more states. However, the Article was amended by the Seventh Constitutional Amendment (1956), which came as a result of the State Reorganisation Commission and currently, the same person may be appointed as governor of two or more states.
• Article 154 vests the executive power of the state in the governor.
• Article 155 says that “The governor of a state shall be appointed by the President by warrant under his hand and seal”.
• Article 156 provides that “The governor shall hold office during the pleasure of the President”. The term of the governor is prescribed as five years.
• The only qualifications for appointment as governor are that he should be a citizen of India and must have completed the age of 35 years.
Governor’s role in approving a Bill
• According to Article 168, the legislature of a state shall consist of the governor and the Legislative Assembly.
• He/she cannot be a member of either House of that Legislature.
• In order to become an Act, every Bill passed by the state legislature must receive his/her assent or, having been reserved by him for President’s consideration, receive the assent of the President.
• If the governor or the President, as the case may be, withholds his/her assent, the Bill fails to become law.
Article 200 provides that when a Bill passed by the state legislature, is presented to the governor, the governor may take any of the following steps:
a) He/she assents to the Bill, or
b) He/she withholds assent therefrom, or
c) He/she reserves the Bill for the President’s consideration, or
d) The Governor may, as soon as possible, return the Bill (other than a Money Bill) with a message for reconsideration by the state legislature. But, if the Bill is again passed by the legislature with or without amendment, the governor shall not withhold assent therefrom (First Proviso).
e) If in the opinion of the governor, the Bill, if it became law, would so derogate from the powers of the High Court as to endanger its constitutional position, he shall not assent to but shall reserve it for the consideration of the President (Second Proviso).
• If the governor reserves a Bill for President’s consideration, the enactment of the Bill then depends on the assent or refusal of assent by the President.
• In the case of a reserved Bill, the President shall, under Article 201, either declare his assent or withhold his assent thereto. Instead of following either of these courses, the President may (if the Bill is not a Money Bill) direct the governor to return the Bill together with a message to the state legislature for reconsideration. The state legislature shall then reconsider the Bill within six months of its receipt and, if it is again passed, it shall be presented again to the President for his consideration. In contrast with the power of the governor regarding a reconsidered Bill, it is not obligatory for the President to give his assent to a reconsidered Bill.
