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Governor's assent to State Laws and Earthquakes and its significance for the UPSC Exam? Why are topics like Open Market Operations (OMO), Yamuna Flood Plains , Sustainable Development Goals (SDGs), Green Hydrogen important for both preliminary and main exams? Discover more insights in the UPSC Exam Notes for September 03 , 2025 |
For Preliminary Examination: Current events of national and international Significance
For Mains Examination: GS II - Indian Polity
Context:
Three of the five judges on the Presidential Reference Bench on Tuesday orally observed along with the States of Tamil Nadu and West Bengal that Governors cannot sit endlessly over Bills placed before them for assent.
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Governor's assent to State Laws
Powers of Governors
Key takeaways:
- When a Bill is passed by the Legislature of a State, it does not automatically become a law. The final step in the legislative process is the Governor’s assent, which is mandated under Article 200 of the Indian Constitution. The Governor acts as a constitutional authority here, ensuring that the proposed law is consistent with the Constitution and the larger national interest.
- Once a Bill is presented to the Governor, he has several options. He may give his assent, in which case the Bill becomes law. He may withhold his assent, which means the Bill fails.
- Alternatively, he can reserve the Bill for the consideration of the President of India, particularly if it conflicts with the provisions of the Constitution, affects the larger interests of the country, or deals with matters where Parliament has overriding powers.
- The Governor may also return the Bill (if it is not a Money Bill) to the State Legislature for reconsideration, suggesting changes or asking the Legislature to think again. If the Bill is passed again by the Legislature, with or without modifications, the Governor is bound to give his assent.
- The power to reserve a Bill for the President’s consideration is a significant check. For example, if a State Legislature passes a Bill that potentially affects subjects like trade, commerce, or taxation beyond the State’s boundaries, the Governor may reserve it. Similarly, if a Bill appears to encroach upon the jurisdiction of the Union, it must be reserved.
- However, the Governor’s role is not that of an independent lawmaker. He is part of the legislative process, but not part of the legislature itself. In practice, the Governor is expected to act on the aid and advice of the Council of Ministers of the State. Yet, in certain cases, especially where reservation for the President is concerned, the Governor has discretion.
- This system ensures a balance. On one hand, States have the autonomy to legislate on subjects in the State List. On the other, the Governor’s assent, and the possibility of the President’s scrutiny, act as safeguards against laws that may be unconstitutional, arbitrary, or against the larger public interest
Governor and Powers
The Governor is the constitutional head of a State in India, appointed by the President under Article 155 of the Constitution. Though often described as a “nominal executive” (like the President at the Union level), the Governor plays a significant role in State governance, both as a representative of the Union and as the custodian of the Constitution. His powers can be broadly divided into executive, legislative, judicial, financial, and discretionary categories
Executive Powers
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The Governor is the chief executive head of the State.
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All executive actions of the State are taken in his name.
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He appoints the Chief Minister and, on the Chief Minister’s advice, the other m