Article 200 of Indian Constitution | Governor’s Powers Over State Bills

Last Updated : 08 Feb, 2024

Article 200 of Indian Constitution deals with the power of governors to assent to Bills passed by both houses of the state legislature. Article 200 of the Indian Constitution deals with the power given to governors to grant assent, withhold assent, or reserve a bill for the president’s consideration. Some critics believe that this power should not be given to governors.

In this article we are going to discuss Article 200 of the Indian Constitution, the constitutional background of Article 200, Key Provisions, the Judgement of the Supreme Court in case of the issue raised against Article 200, and Amendments and Reforms.

Table of Content

What is Article 200 of Indian Constitution?
What are the Governor’s Powers Over State Bills
Historical Background of Article 200 of Indian Constitution
Key Provisions of Article 200 of Indian Constitution
Article 200 of Indian Constitution – Case Study
Criticisms on Article 200 of Indian Constitution
Amendments to Article 200 of Indian Constitution
Recent News about Article 200 – Why it is the news?

What is Article 200 of Indian Constitution?

Article 200 of the Indian Constitution deals with the power given to the governor of a state to assent to the bill passed by the State’s legislative assembly for the consideration of the President of India. Governors of State have the power to grant assent, withhold assent, return the bill, or reserve the bill. The governor cannot return the money bill to the legislative house for reconsideration. If the bill is passed again by the houses with or without amendment then the governor has to pass the bill for the president’s consideration i.e. he cannot hold the assent. The president then reviews the bill.

What are the Governor’s Powers Over State Bills

Article 200 grants the Governor the authority to give assent to bills passed by the state legislature. Once a bill is passed by the state assembly or legislative council, it is presented to the Governor for approval. The Governor can then either give their assent to the bill, making it law or withhold their assent, effectively vetoing the bill.

Withholding Assent: If the Governor withholds their assent to a bill, it does not become law. The bill is then returned to the state legislature with the Governor’s objections. The legislature can reconsider the bill, and if it is passed again with or without amendments, it is presented to the Governor for assent once more.

Historical Background of Article 200 of Indian Constitution

Article 200 of the Indian Constitution lies in Chapter VI (The States) and falls under the heading “Executive.” Under Article 154 the governor can exercise his/her executive powers only on the advice of the Council of Ministers. Article 200 provides power to the governor to decide on bills passed by the legislative assembly. The governor can either accept the bill withhold assent or reserve the bill. The Governor has the power to either accept the bill or reject the bill(except the money bill). He may also choose to pass on the Bill to the President for reviewing or he may send the Bill back to the State Legislature for reconsideration.

Statement of Article 200 of the Indian Constitution

When a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President

With the understanding that the Governor may, if the Bill is not a Money Bill, return it to the House or Houses as soon as possible along with a message asking them to reconsider the Bill or any of its specified provisions and, in particular, to consider whether to introduce any amendments he may recommend in his message. The House or Houses will then reconsider the Bill by the Governor’s request, and if the Bill is passed again by the House or Houses, either with or without amendment, and presented to the Governor for assent, the Governor will not withhold his or her assent.

Provided further that the Governor should not withhold the bill without any reason. It is the responsibility of governor to pass the bill for president Consideration. Any Bill that the Governor believes, should it become law, so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill.

Key Provisions of Article 200 of Indian Constitution

According to Article 200 of the Indian Constitution when the bill is passed by both houses of legislature then it sent to governor. governors have power to grant assent/withhold assent or reserve the bill for the president’s consideration over any bill except money bill. The governor has three options: to approve the bill, to decline it, or to hold it for future consideration by the president. The Governor has the option to return the Bill along with a request for the House or Houses to rethink it. It is against constitutional norms for the Governor to withhold his or her assent without first informing the Legislature that the Bill needs to be reexamined. The Governor’s message does not compel the elected Legislature to ratify the Bill. They have the ultimate say in its fate. In other words, the Governor is forced to provide his or her permission once the House repasses the returned Bill, whether or not it has been amended. The elected Legislature has the last say over whether to approve or reject a bill; the governor’s statement has no legal force.

Article 200 of Indian Constitution – Case Study

B.K. Pavitra vs Union of India

In this Case the judgement of Supreme Court was to extend the governor’s authority under the second proviso to Article 200, ruling that “the substantive part of Article 200 does not specifically indicate, the circumstances in which the governor may reserve a Bill for the consideration of the President, with the exception of Bills that are covered by the second provision, wherein the Governor must hold off on passing the Bill until the President considers it.

Criticisms on Article 200 of Indian Constitution

Some critics believe that Governor’s recommendation may be politically biased.
The power over assent of different types of bills may be misused by the Governors.
Politicians and former bureaucrats identifying with a particular political ideology have been appointed as the Governors by the central government.
Sometimes the Governors has been charged with the violation of the model code of conduct.
A governor’s proposal for President’s Rule (Article 356) in a state has historically been motivated more by political expediency or whimsy than by objective material.

Amendments to Article 200 of Indian Constitution

The Sarkaria Commission

This commission was constituted in 1983 by government of India. The Sarkaria Commission was formed by central government, it was three member commission. This Commission suggested that The governor should be appointed by the president after consultation with the Chief Minister of the concerned state. Rather than serving as the center’s representative, the governor need to serve as a liaison between the state and the center. The governor should exercise his power without any politically biasing and try to avoid Controversies with the states.

Venkatachaliah Commission

This commission was established in 2000 and submitted its report in 2002. This commission is also known as the Justice Manepalli Narayana Rao Venkatachaliah Commission, for the purpose of suggesting possible constitutional amendments. This commission suggested that The appointment of Governors should be entrusted to a committee comprising the prime minister, the home minister, the speaker of the Lok Sabha and the chief minister of the concerned state. The Governor should not interfere in the decisions and daily administration of government. He should act as a friend, philosopher and guide to the state government and use his powers wisely.

Recent News about Article 200 – Why it is the news?

Article 200 stipulates that once a Bill has been passed by the State Legislature (both the Legislative Assembly and, if the state has one, the Legislative Council), it is then forwarded to the Governor for assent. The Governor has several options:

Grant Assent: The Bill becomes law.
Withhold Assent: Effectively vetoing the Bill.
Return the Bill: If the Bill is not a Money Bill, the Governor can return it to the Legislature with suggestions for reconsideration. If the Bill is passed again by the Legislature with or without amendments and presented to the Governor, it is obligatory for the Governor to assent to it.
Reserve for President’s Consideration: The Governor can also reserve the Bill for the consideration of the President of India. This is typically done in cases where the Bill might conflict with Central laws or have other significant implications.

Conclusion – Article 200 of Indian Constitution

Some states disagree with this power given to governors. They believe that the decision on bills might be politically biased. The responsibility of governor is to send the bill for consideration of president of India. The most important step in the legislative process is the governor’s assent, and the governor’s main responsibility is to take decisions keeping all the constraints of Constitution in mind.

FAQs on Article 200 of Indian Constitution

Which type of bill do governor can never hold?

Money Bill is only bill which governor can never hold.

What does Article 200 mean?

Article 200 gives the power to governors to grant assent/withhold assent or reserve the bill for the president’s consideration.

What is the Article 200 case law?

It provides for four alternative courses of action for a Governor when a Bill after being passed by the legislature is presented to him/her for his/her assent.

What is the difference between Article 200 and 201?

Article 200 of the Indian Constitution deals with the powers of the Governor with regard to assent given to bills passed by the State legislature and other powers of the Governor such as reserving the bill for the President’s consideration. Article 201 pertains to ‘Bills Reserved for Consideration’.

What is Article 201 in simple words?

Article 201 of the Constitution specifically states that “When a Bill is reserved by a Governor for the consideration of President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom”. But no time stipulation is provided in the Constitution.