Who is entitled to use his discretionary powers to reserve any bill for the consideration of the President?
Answers
Answer:
5.1.02 Article 200 provides that when a Bill passed by the State Legislature, is presented to the
Governor, the Governor shall declare—
(a) that he assents to the Bill; or
(b) that he withholds assent therefrom; or
(c) that he reserves the Bill for the President's consideration; or
(d) the Governor may, as soon as possible, return the Bill (other than a Money Bill) with a message
for re-consideration by the State Legislature. But, if the Bill is again passed by the Legislature
with or without amendment, the Governor shall not withhold assent therefrom (First Proviso); or
(e) if in the opinion of the Governor, the Bill, if it became law, would so derogate from the powers of
the High Court as to endanger its constitutional position, he shall not assent to but shall reserve it
for the consideration of the President (Second Proviso).
5.1.03 If the Governor reserves a Bill for President's consideration, the enactment of the Bill then
depends on the assent or refusal of assent by the President.
5.1.04 In the case of a reserved Bill, the President shall, under Article 201—, either declare his assent or
withhold his assent thereto. Instead of following either of these courses, the President may (if the Bill is not
a Money Bill) direct2
the Governor to return the Bill together with a message to the State Legislature for
reconsideration. The State Legislature shall then reconsider the Bill within 6 months of its receipt and, if it
is again passed, it shall be presented again to the President for his consideration. In contrast with the power
of the Governor regarding a reconsidered Bill, it is not obligatory for the President to give his assent to a
reconsidered Bill.
5.1.05 State Bills reserved for Presidents's consideration under the Constitution, may be classified as
follows:—
I. Bills which must be reserved for President's consideration
In this category come Bills—
(i) which so derogate from the powers of the High Court, as to endanger the position which that
Court is by this Constitution designed to fill (Second Proviso to Article 200);
(ii) which relate to imposition of taxes on water or electricity in certain cases, and attract the
provisions of Clause (2) of Article 288; and
(iii) which fall within clause (4) (a) (ii) of Article 360, during a Financial Emergency.
II. Bills which may be reserved for President's consideration and assent for specific purposes
(i) To secure immunity from operation of Articles 14 and 19. These are Bills for—
(a) acquisition of estates, etc. [First Proviso to Article 31A(I)];
(b) giving effect to Directive Principles of State Policy (Proviso to Article 31C).
(ii) A Bill relating to a subject enumerated in the Concurrent List, to ensure operation of its
provisions despite their repugnancy to a Union law or an existing law, by securing President's
assent in terms of Article 254(2).
(iii) Legislation imposing restrictions on trade and commerce requiring Presidential sanction under the
Proviso to Article 304(b) read with Article 255.