Power of withholding Bills passed by State Assembly

#### GS Paper 2

Syllabus: Polity

Source: TH

Context: Kerala will challenge President Droupadi Murmu’s withholding of assent for Bills passed by the Kerala Legislature, opening a constitutional debate on the scope of judicial review of the President’s decisions.

What is the case about?

The Kerala Assembly passed (in 2022) University Laws (Amendment) Bills to amend laws governing State universities. The Bills aimed to end the Governor’s oversight and appointment role in state universities and empower the government to appoint Vice Chancellors (instead of the Governor).

Critics feared that it would lead to the erosion of university autonomy and political influence in appointments.

Subsequently, the governor referred the bill to the President in 2023. The President has since then withheld assent to Kerala University Laws (Amendment No. 2) Bill 2022, University Law Amendment Bill, 2022, and the University Law Amendment Bill, 2021.

Governor’s and President’s powers related to universities:

• State Universities: While as Governor he functions with the aid and advice of the Council of Ministers, as Chancellor he acts independently of the Council of Ministers and makes his own decisions on all University matters.

• Central Universities: The President of India serves as the Visitor. President appoints Chancellors who preside over convocations.

The procedure for appointing a Vice-Chancellor under UGC rules involves the following steps:

• Recommendation by Search cum Selection Committee: A panel of three to five names is recommended by the Search cum Selection Committee.

• Approval by Visitor/Chancellor: The VC is appointed by the Visitor/Chancellor from the recommended panel.

• Option for Fresh Names: The Visitor/Chancellor has the authority to request a new set of names if dissatisfied with the provided panel.

• Differences Across Universities: While the President of India serves as the ex-officio Visitor for Central Universities and Governors serve as Chancellors for state universities, procedures can vary among universities across India.

Governor’s Power Regarding Bills:

Article 200 of the Constitution provides the Governor with four options when presented with a Bill passed by a State Legislature:

• Give assent to the Bill.

• Withhold assent, leading to the Bill’s failure to become law.

• Return the Bill (if not a Money Bill) for reconsideration by the State Legislature. If passed again, with or without amendments, the Governor must give assent.

• Reserve the Bill for the President’s consideration.

When can the Governor Reserve the bill for the President’s consideration?The Governor can reserve a bill for the President’s consideration if:

• It endangers the position of the state high court.

• It is ultra vires (against the Constitution).

• It opposes the Directive Principles of State Policy.

• It goes against the larger interest of the country.

• It pertains to matters of grave national importance.

• It involves the compulsory acquisition of property under Article 31A of the Constitution.

Options for President on Bills reserved by Governor

When a bill passed by a state legislature is reserved by the governor for consideration by the President, the President can:

• Give his assent to the bill, or

• Withhold his assent to the bill, or

• Direct the governor to return the bill (if it is not a money bill) for reconsideration by the state legislature.

• It is not obligatory for the President to give his assent even if the bill is again passed by the state legislature and sent again to him for his consideration.

The President’s power to withhold assent to a state bill is derived from the Constitution of India, particularly Article 201, which outlines the process. According to Article 200, when a bill is passed by the state legislature, it is presented to the Governor for assent, who then forwards it to the President for consideration. The President has discretionary authority to either approve or withhold assent to the bill, based on factors such as:

• Constitutional violations

• Conflicts with central legislation

• Public interest

State Government’s Arguments in this case:

• Bills’ subject matters were confined to the State List of the Constitution, where the State has powers to legislate.

• None of the Bills conflicted with any Central legislation.

• Bills did not belong to special categories requiring prior Presidential assent.

• Bills followed Ordinances cleared by the Governor and should not have been sent for Presidential assent.

• The reasons for the President’s withholding assent were unknown, and judicial review is necessary.

Implications of President Withholding Assent to a State Bill:

Implications | Description

1. 1.Legislative Stalemate | Withholding assent effectively prevents the bill from becoming law, leading to a legislative stalemate.
2. 2.Impact on State Governance | The inability to enact the bill hinders governance and delays policy implementation, affecting the state’s administration and residents.
3. 3.Constitutional Conflict | The action may spark conflicts over the division of powers between the Centre and states, raising questions about the President’s authority.
4. 4.Political Implications | It may strain relations between the state and central governments, especially amid political tensions or differing ideologies.

Sarkaria Commission Recommendations:

• The Sarkaria Commission recommended that the Governor’s discretionary power to reserve bills for the President’s consideration should be limited to rare cases of unconstitutionality.

• It suggested that the President should dispose of such bills within six months and communicate reasons for withholding assent to the State Government where possible.

Conclusion:

The Constitution empowers governors to reserve bills for the President’s consideration, a crucial discretionary power to ensure state laws align with the Constitution. However, allowing governors to act against the advice of the Council of Ministers creates a parallel administration. There is a need to clearly define the roles of the governor, president and the state government related to State bills.

Mains Links:

Whether the Supreme Court Judgment (July 2018) can settle the political tussle between the Lt. Governor and the elected government of Delhi? Examine. (UPSC 2018)

Discuss the essential conditions for the exercise of the legislative powers by the Governor. Discuss the legality of the re-promulgation of ordinances by the Governor without placing them before the Legislature. (UPSC 2022)

Prelims Links:

Which of the following are the discretionary powers given to the Governor of a State? (UPSC 2014)

• Sending a report to the President of India for imposing the President’s rule

• Appointing the Ministers

• Reserving certain bills passed by the State Legislature for consideration of the President of India

• Making the rules to conduct the business of the State Government

Select the correct answer using the code given below:

(a) 1 and 2 only (b) 1 and 3 only (c) 2, 3 and 4 only (d) 1, 2, 3 and 4

Ans: B