Governor

28.11.2023

Governor , Daily Current Affairs , RACE IAS : Best IAS Coaching in Lucknow 

Why in the news?

Recently, the Supreme Court has said in one of its decisions that a law proposed by the legislature does not expire merely because the Governor refuses to give assent to it.

Important points:

• Chief Justice DY Chandrachud, writing the judgment for a three-judge bench, said a law proposed by the state assembly does not lapse merely because the Governor refuses to sign assent to it.
• The core of Article 200 of the Constitution provides three options to the Governor while presenting a bill – assent to the proposed law, withholding assent or reserving the bill for the consideration of the President.
• A bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra said that keeping the bills pending by the Governor is contrary to the basic principles of the Constitution in the parliamentary system.

Background:

• The Punjab government had filed a petition in the Supreme Court accusing the Governor of not approving the bills.
• Punjab Governor Banwari Lal Purohit said that the session called in the month of June is unconstitutional, hence the work done in that session is also unconstitutional.
• On this, the Punjab government argued that the budget session has not been adjourned, hence the government can call the session again whenever it wants.
• While hearing the petition of the Punjab Government, the Supreme Court said in its decision that 'Of course the Governor can stop a bill under Article 200 of the Constitution, but the right way to do this is to send the bill to the Assembly for reconsideration.

Supreme Court's decision:

• The Supreme Court said in its decision that federalism and democracy are part of the basic structure and both cannot be separated. If one element becomes weak then the other will also be in danger.
• To make the aspirations and fundamental freedoms of the citizens a reality, it is necessary for both of them to work in coordination.
• The Supreme Court directed Governor Banwari Lal Purohit to quickly take a decision on the bills passed by the Assembly.
• Also, the Supreme Court has declared the June assembly session of the Punjab government as constitutional.

About Governor :

• The head of the executive of the state is the Governor, who acts on the advice of the Council of Ministers.
• In some matters the Governor is given discretion, in such cases he acts even without the advice of the Council of Ministers.
• The Governor is also the Chancellor of all the universities of his state.
• Their position in the state is the same as that of the President at the Centre.
• There are Lieutenant Governors in Union Territories.
• Under the 7th Amendment 1956, a Governor can be appointed for more than one state.

Constitutional Provisions:

• Article 153 of the Constitution provides that there shall be a Governor for each State.
• Under Articles 155 and 156 of the Constitution, a Governor is appointed by the President and holds office "during the pleasure of the President".
• The Governor is the representative of the Center in the state and remains in office during the pleasure of the President. He can be removed from the post at any time.
• Since the President acts on the aid and advice of the Prime Minister and the Council of Ministers, the Governor can be appointed and removed by the Central Government.
• Article 157 describes the qualifications of the Governor.
• Article 163 says that the Governor shall ordinarily be aided and advised by the Council of Ministers, except in such functions as require his discretion.

Tenure of Governor:

• The tenure of the Governor is five years from the date of his assumption of office, but after the expiry of this five-year period, he continues to hold office until his successor assumes office.
• When the Governor continues to hold office after the expiry of the term of five years, he continues to hold office on the basis of daily salary.

Constitutional powers of the Governor relating to State Bills:

• Article 200 of the Indian Constitution deals with the powers of the Governor in relation to other functions of the Governor such as giving assent to a law enacted by the state legislature and reserving the bill for the consideration of the President.
• Article 201 deals with "Bills reserved for consideration": Governors have absolute veto power, suspense veto power (except money bills), but no pocket veto power.
• Absolute Veto: This refers to the power of the Governor to refuse to sign a bill passed by the Assembly.
• Suspensory Veto: The suspensory veto is used by the Governor when he returns a bill to the state assembly for reconsideration.
  • If the Assembly sends the bill to the Governor with or without changes, he has to assent to it without using any of his veto powers.
  • The Governor cannot use his suspensive veto in relation to a Money Bill
  • Pocket Veto: The President's power to delay a bill indefinitely.
  • He neither rejects the bill nor sends it back for review.

Article related to Governor in Indian Constitution:

• Article 153, Article 154, Article 155, Article 156, Article 157, Article 158, Article 159, Article 160, Article 161, Article 163, Article 164, Article 165, Article 166, Article 167, Article 168, Article 174, Article 175 ,Article 176.
• Article 188, Article 192, Article 200, Article 201, Article 202, Article 203, Article 205, Article 207, Article 213, Article 217, Article 219, Article 243 (1), Article 243 (2), Article 267 (2) Article 316, Article 317, Article 333, Article 355 and 356, Article 361.