Governor Role in Passing Bills

Context:

Recently issues have arisen in various States between Chief Ministers and Governors, with regard to the passing of Bills.

Underlying Issue:

Chief Ministers feel that Governors do not act for an unduly long period of time on Bills presented for their assent.
Due to this, the situation becomes tricky for a parliamentary democracy, where the people elect a government to enact laws which reflect their will.
If an elected government cannot legislate, it could lead to a breakdown of parliamentary democracy.

Origin of the Post of Governor:

Since 1858, when India was administered by the British Crown, provincial Governors were agents of the Crown, functioning under the supervision of the Governor-General.
Upon Independence, when the Provisional Constitution of 1947 was adapted from the 1935 Act, the post of Governor was retained but the phrases ‘in his discretion, ‘acting in his discretion, and ‘exercising his individual judgment’, were omitted.
Under the Parliamentary and Cabinet systems of governance adopted by India, the Governor was envisaged to be the Constitutional Head of a State.

How is the Governor of a State appointed?

Article 153 of the Constitution says “There shall be a Governor for each State.”
Article 155 says that the “Governor of a State shall be appointed by the President by warrant under his hand and seal”.

Constitutional Provisions about the Governor’s role:

Article 164: The council of ministers shall be collectively responsible to the legislative assembly of the state.
Article 163: There shall be a council of ministers with the chief minister as the head to aid and advise the governor in the exercise of his functions, except in so far as he is required to exercise his functions in his discretion.
Article 154: The executive power of the state shall be vested in the governor and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.

The Legislature of a State comprises the Governor and the Legislative Assembly (if the State has one House) and a Legislative Council (if the State has two Houses).
The Governor has little autonomy in his functioning — it is a settled legal position that he can act only on the “advice” of his Council of Ministers, with the Chief Minister as the head of the Council.
The Governor can also summon, prorogue, and dissolve the Legislative Assembly (Article 174).
By convention, he does this on the advice of the Council of Ministers while they enjoy the confidence of the Assembly.

Governor Role in Passing Bills:

Every Bill passed in an Assembly has to be sent to the Governor (Article 200), after which he has four options:
- To assent to the Bill
- Withhold assent
- Reserve the Bill for the consideration of the President,
- Return the Bill to the legislature, asking it to reconsider the Bill or an aspect of it.

The Governor can also suggest an amendment to the Bill. The legislature is supposed to quickly consider the recommendations but if it chooses to pass the Bill in the same form again, “the Governor shall not withhold assent therefrom”.
The M.M Punchhi Commission’s report on Centre-State relations points out that the exercise of his discretion happens only when following the Council’s advice would be unconstitutional or if the Council has lost the confidence of the Assembly.

Is it right for the Governor to withhold assent when the Bill is passed by the Assembly?

The Governor can with one stroke of the pen completely negate the will of the legislature, and thereby negate the will of the people.
The Constitution cannot be assumed to be permitting the Governor to do that.
Only the judiciary can set it right by way of a clear enunciation of the law.

Common Conflicts between the Governor and State Governments in India are:

Dismissal of the State Government: The Governor has the power to dismiss the state government if the government is unable to prove its majority or if it fails to comply with constitutional provisions.
- However, there have been instances where the Governor has dismissed state governments for political reasons, leading to a conflict with the state government.
Dispute over Powers: There have been instances where the Governor has used his/her powers to interfere with the functioning of the state government, leading to a conflict over powers.
- For instance, the Governor may refuse to give assent to a bill passed by the state legislature, leading to a deadlock.
Appointment of Officials: In some cases, the Governor’s appointment of officials has been seen as being influenced by the Union government, leading to a conflict with the state government.
Role in State Politics: The Governor’s role in state politics can also lead to conflicts with the state government.
- For instance, the Governor may take a partisan position or align with a particular political party, leading to a conflict with the state government.

Various Supreme Court Verdicts:

In Shamsher Singh v State of Punjab (1974), the Supreme Court held that a President or a Governor can exercise their discretion independent of their Ministers only where the Constitution expressly permits them to do so.
In Purushothaman Nambudiri v State of Kerala, while deciding whether a Bill pending the Governor’s assent would lapse upon the dissolution of the House, the Court considered the provisions of Article 200 and 201 to hold that it would not.
In Nabam Rebia and Bamang Felix vs Dy. Speaker, the Court also held that in so far as Article 200 is concerned, the Governor exercises discretion only with regard to whether a Bill ought to be reserved for consideration of the President or not.

Challenge associated with Article 200:

The absence of a time limit for acting on Bills,
The scope for reserving a Bill for the President’s consideration against the express advice of the Cabinet and the claim that the Governor can kill any Bill by declining assent.

Conclusion:

The Constitution is a dynamic document whose concepts and doctrines have been interpreted and reinterpreted and also expanded by courts from time to time to meet the changing needs of society.
So, now it’s the time for the Supreme Court to fix a reasonable time frame for Governors to take a decision on a Bill passed by the Assembly in the larger interest of federalism in the country.

News Source: The Hindu