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

Under Article 200 of the Constitution of India, in which of the following circumstances is the Governor constitutionally obligated (mandatory) to reserve a Bill passed by the State Legislature for the consideration of the President?

  1. When the Bill derogates from the powers of the High Court so as to endanger the position which that Court is by the Constitution designed to fillCevap
  2. B
    When an Ordinary Bill returned by the Governor for reconsideration is re-passed by the Legislative Assembly with or without amendments
  3. C
    When a Money Bill is passed by the Legislative Assembly despite being rejected by the Legislative Council
  4. D
    When a Bill seeks to alter or restrict the scope of Fundamental Rights granted under Part III within the State

Cevap

The Governor is constitutionally mandated to reserve a Bill for the President's consideration if it derogates from the powers of the High Court so as to endanger its constitutional position.
Under the second proviso to Article 200 of the Indian Constitution, reservation of a Bill for the consideration of the President is mandatory if the Bill derogates from the powers of the High Court in a manner that endangers its constitutional role.

Adım Adım Çözüm

1
Examine Article 200 provisions regarding the Governor's options when a Bill is presented after passage by the State Legislature.
Identified four general courses of action: grant assent, withhold assent, reserve for President, or return for reconsideration (if not a Money Bill).
Understanding the baseline constitutional powers of the Governor regarding state legislation.
2
Analyze the mandatory reservation requirement specified under Article 200.
The second proviso to Article 200 contains an explicit mandatory obligation: the Governor 'shall not assent to, but shall reserve for the consideration of the President, any Bill which in his opinion would... so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill.'
Distinguishing discretionary reservation from constitutionally mandated reservation.

Anahtar Kavram

Mandatory Reservation of State Bills under Article 200 of the Constitution of India
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