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Difficulty: HardState Executive and Legislature: Governor, CM, and State Assemblies

Consider the following statements regarding the constitutional powers of the Governor and the President in relation to state legislation in India:

1. Under Article 200, the Governor is constitutionally required to reserve any bill for the consideration of the President if it derogates from the powers of the State High Court so as to endanger its constitutional position.
2. When a bill is returned by the President to the State Legislature for reconsideration under Article 201, the House or Houses of the State Legislature must reconsider it within a period of six months.
3. If a bill reserved for the consideration of the President is re-passed by the State Legislature with or without amendments, the President is constitutionally bound to give assent to the bill.

Which of the statements given above is/are correct?

  1. 1 and 2 onlyAnswer
  2. B
    1 and 3 only
  3. C
    2 and 3 only
  4. D
    1, 2 and 3

Answer

Statements 1 and 2 only are correct.
The combination declaring statements 1 and 2 only as correct is right. Statement 1 correctly reflects the mandatory reservation under the second proviso of Article 200 to protect High Court autonomy. Statement 2 accurately quotes the 6-month statutory limit for state legislature reconsideration under Article 201. Statement 3 is false because the President retains absolute discretion to withhold assent even if the State Legislature re-passes the bill.

Step-by-Step Solution

1
Analyze Statement 1 regarding mandatory bill reservation by the Governor.
Article 200 (second proviso) states that the Governor shall not assent to, but shall reserve for the consideration of the President, any bill which in the opinion of the Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill.
This is a mandatory constitutional duty of the Governor, making Statement 1 correct.
2
Analyze Statement 2 regarding the timeframe for state legislature reconsideration under Article 201.
Article 201 provides that where a bill is returned by the President for reconsideration, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message.
This procedural timeline is explicitly prescribed in the Constitution, making Statement 2 correct.
3
Analyze Statement 3 regarding presidential assent on re-passed state bills.
Under Article 201, if the bill is passed again by the State Legislature with or without amendment, it is presented again to the President for consideration. However, the Constitution does not mandate that the President must give assent (unlike Article 200 for the Governor). The President may withhold assent or withhold decision indefinitely.
Conflating presidential assent under Article 201 with gubernatorial obligation under Article 200 is a common mistake. Statement 3 is false.

Key Concept

Discretionary and constitutional duties of the Governor under Article 200 and President's veto power over state legislation under Article 201.
Estimated Time:2m 0s
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Topics

State Executive and Legislature: Governor, CM, and State Assemblies

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