The Kerala government has petitioned the Supreme Court against President Droupadi Murmu withholding assent to four Bills passed by the state Assembly. It has requested that the President not granting assent to the Bills without stating any reason be declared unconstitutional.
The four Bills are:
i) University Laws (Amendment) (No. 2) Bill, 2021
ii) The Kerala Co-operative Societies (Amendment) Bill, 2022
iii) The University Laws (Amendment) Bill, 2022
iv) The University Laws (Amendment) (No. 3) Bill, 2022.
• The CPM-led Left Democratic Front (LDF) government has made the Union government, the secretary to the President of India, Kerala Governor Arif Mohammad Khan and his additional secretary parties to the case.
• Besides several other reliefs, the state government has also sought direction to declare illegal Governor Khan reserving a total of seven Bills, including these four, for the consideration of the President.
• Last year, the state government had moved the Supreme Court accusing the Governor of not granting assent to several Bills cleared by the Assembly and the SC had issued a notice to the office of the Governor on the plea.
Governor’s role in approving a Bill
• 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.
• 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 of the Constitution bestows on the Governor the power to provide assent to the Bills passed by the state legislature.
• 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/she 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.
Article 201
• Article 201 deals with provisions attributed to Bills reserved by a Governor for the President’s consideration.
• 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/her 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.
