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

Under the constitutional framework of India, what is the exact legal position when a State Legislature re-passes an Ordinary Bill that was returned on the direction of the President of India after being reserved by the Governor under Article 200?

  1. The President is under no constitutional obligation to assent to the Bill and may still withhold assent even after it has been re-passed by the State Legislature.Answer
  2. B
    The President is constitutionally bound to give assent to the Bill within six months of its re-passage, identical to the Governor's obligation under Article 200.
  3. C
    The Bill automatically becomes law under deemed assent if the State Legislature re-passes it by a two-thirds special majority in both Houses.
  4. D
    The High Court of the state acquires constitutional authority to grant executive assent if the President does not take a decision within six months of re-passage.

Answer

The President is under no constitutional obligation to assent to the Bill and may still withhold assent even after it has been re-passed by the State Legislature.
Under Article 201 of the Constitution of India, when a Governor reserves a Bill for the consideration of the President, the President can either assent to the Bill or withhold assent. If the President directs the Governor to return the Bill to the State Legislature, the Legislature has six months to reconsider it. If the Bill is passed again by the State Legislature, it is presented to the President again, but the President is under no constitutional obligation to assent to it and may still withhold assent.

Step-by-Step Solution

1
Examine Article 200 of the Indian Constitution
Article 200 empowers the Governor to assent, withhold assent, return a non-Money Bill, or reserve a Bill for the consideration of the President.
Understanding the entry point of Presidential reservation for state legislation.
2
Examine Article 201 regarding Bills reserved for the President's consideration
When a Bill is reserved, the President may assent or declare that assent is withheld. The President may also direct the Governor to return the Bill to the House(s) of the State Legislature along with a message.
Analyzing the scope of Presidential powers over state lawmaking.
3
Analyze the legal consequence of re-passage by the State Legislature
The State Legislature must reconsider the Bill within six months. If passed again with or without amendment, it is presented again to the President. However, unlike the Governor under the proviso to Article 200, the President is NOT constitutionally bound to give assent under Article 201.
Differentiating between Gubernatorial obligations and Presidential discretion under the Indian Constitution.

Key Concept

Presidential veto and reservation of state bills under Articles 200 and 201 of the Constitution of India
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Topics

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

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