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Difficulty: Very hardState Executive and Legislature: Governor, CM, and State Assemblies

Consider the following statements regarding the constitutional provisions governing the reservation of state bills by the Governor for the consideration of the President:

1. Under the second proviso to Article 200, the Governor is constitutionally obligated to reserve a bill for the consideration of the President if, in the Governor's opinion, the bill would derogate from the powers of the State High Court so as to endanger its constitutional position.
2. When a Money Bill passed by the State Legislature is reserved by the Governor for the consideration of the President under Article 201, the President may direct the Governor to return the Money Bill to the House of the Legislature for reconsideration.
3. If an ordinary bill reserved for the President is returned for reconsideration and is subsequently re-passed by the State Legislature within six months with or without amendment, the President is constitutionally bound to grant assent to the bill.

Which of the statements given above is/are correct?

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

Answer

Only statement 1 is correct.
The option stating '1 only' is correct because Statement 1 accurately captures the obligatory reservation clause in the second proviso to Article 200 of the Constitution of India, which safeguards High Court powers. Statements 2 and 3 fail because Article 201 explicitly excludes Money Bills from being returned for reconsideration and does not compel the President to assent to state bills re-passed by a State Legislature.

Step-by-Step Solution

1
Analyze Statement 1 regarding mandatory reservation of High Court-related bills under Article 200.
Statement 1 is TRUE. Under the second proviso of Article 200, if a bill passed by the State Legislature derogates from the constitutional powers of the High Court so as to endanger its constitutional role, the Governor MUST NOT assent to it and MUST reserve it for the President.
This provision protects judicial independence and ensures central constitutional oversight over state legislative encroachments on High Courts.
2
Analyze Statement 2 regarding Presidential return of Money Bills under Article 201.
Statement 2 is FALSE. Article 201 explicitly specifies that when a bill is reserved for the President, the President may direct the Governor to return the bill to the House provided that it is NOT a Money Bill.
Money Bills cannot be returned by the President for reconsideration; the President can either assent to or withhold assent from a reserved Money Bill.
3
Analyze Statement 3 regarding Presidential assent upon re-passage under Article 201.
Statement 3 is FALSE. Unlike the Governor under Article 200 (who must assent if a returned bill is re-passed by the State Legislature), the President under Article 201 is NOT constitutionally bound to give assent even if the State Legislature re-passes the bill within six months.
Article 201 grants absolute veto discretion to the President over state legislation reserved for consideration.

Key Concept

Reservation of State Bills for Presidential Consideration (Articles 200 and 201)
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Topics

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

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