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

Consider the following statements regarding the constitutional provisions governing the assent to Bills passed by a State Legislature under Article 200:

1. The Governor cannot return a Money Bill for reconsideration to the State Legislature.
2. The Constitution mandates that the Governor must reserve a Bill for the consideration of the President if it endangers the constitutional position of the State High Court.
3. Once a Bill is reserved by the Governor for the consideration of the President, the Governor plays no further role in giving assent to that Bill.

Which of the statements given above are correct?

  1. A
    1 and 2 only
  2. B
    2 and 3 only
  3. C
    1 and 3 only
  4. 1, 2 and 3Answer

Answer

All three statements (1, 2, and 3) are correct.
The correct answer includes all three statements because Article 200 prohibits returning a Money Bill for reconsideration, obligates the Governor to reserve any Bill endangering High Court position for the President, and Article 201 transfers final assent authority to the President once a Bill is reserved.

Step-by-Step Solution

1
Examine Statement 1 regarding Money Bills under Article 200.
Statement 1 is correct. Article 200 explicitly provides that the Governor may return a Bill to the House(s) with a message for reconsideration, provided it is not a Money Bill.
Money Bills are introduced with the prior recommendation of the Governor, so returning them for reconsideration is excluded under Article 200.
2
Examine Statement 2 regarding mandatory reservation of Bills.
Statement 2 is correct. The second proviso to Article 200 makes it obligatory for the Governor to reserve any Bill that would so derogate from the powers of the High Court as to endanger its constitutional position.
This is a mandatory (compulsory) reservation under the Constitution to preserve judicial independence at the State level.
3
Examine Statement 3 regarding the Governor's role after reserving a Bill for the President.
Statement 3 is correct. When a Bill is reserved for the consideration of the President, Article 201 applies. The President either assents to the Bill or directs the Governor to return it (if not a Money Bill), and the Governor acts merely as a channel of communication.
The Governor's independent legislative power of giving or withholding assent ceases once the Bill is reserved for the President.

Key Concept

Governor's Powers Regarding Assent to Bills and Reservation for the President (Articles 200 & 201)
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Topics

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

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