Answer By law4u team
Constitution of India Article 200: Assent to Bills
When a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor. The Governor shall declare either that he assents to the Bill, that he withholds assent from it, or that he reserves the Bill for the consideration of the President.
Provided that the Governor may, as soon as possible after the presentation of the Bill for assent, return the Bill (if it is not a Money Bill) together with a message requesting the Legislature to reconsider the Bill or any of its provisions. The House or Houses must then reconsider the Bill, and if the Bill is passed again with or without amendments and presented to the Governor for assent, the Governor shall not withhold assent.
Further, the Governor shall not assent to any Bill but shall reserve it for the consideration of the President, if, in the Governor's opinion, the Bill would derogate from the powers of the High Court to such an extent that it would endanger its position as defined by the Constitution.
Brief Overview
Article 200 outlines the process by which the Governor of a State must assent to Bills passed by the State Legislature. The Governor can either assent, withhold assent, or reserve the Bill for the President’s consideration. Additionally, the Governor has the power to return a non-money Bill with a request for reconsideration. If the Bill is re-passed, the Governor must assent to it. Bills that could affect the judiciary's position must be reserved for Presidential consideration.
Question & Answers
Can the Governor withhold assent to a Bill?
Yes, the Governor can either withhold assent or reserve the Bill for the President if necessary. However, after the Bill is reconsidered and re-passed by the Legislature, the Governor cannot withhold assent.
What happens if the Governor returns a Bill?
If the Governor returns a non-money Bill, he does so with a message requesting reconsideration by the Legislature, which must then review the Bill and potentially amend it. If the Bill is passed again, the Governor must give assent.
When must the Governor reserve a Bill for the President?
If the Bill is in the opinion of the Governor likely to affect the powers of the High Court and endanger its constitutional position, the Governor must reserve the Bill for the President’s consideration.
Example
For instance, if a State Legislature passes a Bill that affects the jurisdiction of the State High Court, the Governor may reserve the Bill for the President's consideration to ensure that it does not undermine the High Court's position.
Summary
Article 200 grants the Governor the power to either assent to, withhold assent from, or reserve for the President any Bill passed by the State Legislature. It also specifies the process for reconsideration of non-money Bills and the circumstances under which a Bill must be reserved for Presidential consideration.
