Recently, the Governor of Tamil Nadu made a statement regarding the assent of bills passed by the state assembly. According to the Governor, if a Governor withholds assent to a Bill passed by the Assembly, it means the “Bill is dead”. In this essay, we will discuss the Governor’s role in passing a bill, the different functions available to the Governor under Article 200 of the Constitution, and the consequences of withholding assent.

The Governor’s Function in Passing a Bill

Under Article 200 of the Constitution, the Governor of a state has four options when a bill is presented to him for assent. He may grant assent, withhold assent, return the bill for reconsideration by the legislature, or reserve the bill for the consideration of the President. However, there is no timeframe fixed in the Constitution for any of these functions. It is up to the Governor’s discretion to decide when to exercise these functions.

The Governor’s Discretion

According to the Constitution, the Governor must reserve any bill for the consideration of the President if, in his opinion, the bill seems to clip the wings of the High Court or undermine its functioning. However, it is important to note that the phrase “in his opinion” gives the Governor the discretion to decide whether a bill falls under this category or not. Therefore, the Governor’s decision to reserve a bill for the President’s consideration is subjective and depends on his interpretation of the bill’s potential impact on the High Court.

The President’s Consideration

When a bill is reserved by a Governor for the President’s consideration, Article 201 of the Constitution states that the President shall declare either that he assents to the bill or withholds assent from it. He may also direct the Governor to return the bill if it is not a Money Bill. In this case, the House or Houses must reconsider the bill within six months from receiving it. They may pass the bill again with or without any changes. If the bill is passed again, it will be presented to the President for his consideration.

The Consequence of Withholding Assent

If the President withholds assent to the bill, it will not become law. Similarly, if he makes no decision, nothing can be done about the bill. In this case, the bill will not be passed into law, and the Governor’s decision to withhold assent effectively kills the bill.

Why In News

The Governor of Tamil Nadu recently stated that if a Governor withholds assent to a Bill passed by the Assembly, it effectively kills the Bill. This statement highlights the crucial role of the Governor in passing Bills and the consequences of withholding assent.

MCQs about The Functions of the Governor Under Article 200 in Tamil Nadu

  1. What are the functions of the Governor with respect to a Bill passed by the State legislature?
    A. Grant assent, withhold assent, return for reconsideration, reserve for the consideration of the President
    B. Grant assent, withhold assent, send for judicial review, reserve for the consideration of the Supreme Court
    C. Grant assent, amend the Bill, send for reconsideration, reserve for the consideration of the Prime Minister
    D. Grant assent, veto the Bill, send for public referendum, reserve for the consideration of the Chief Justice
    Correct Answer: A. Grant assent, withhold assent, return for reconsideration, reserve for the consideration of the President
    Explanation: As per Article 200 of the Constitution, the Governor may grant assent, withhold assent, return for reconsideration, or reserve for the consideration of the President any Bill passed by the State legislature.
  2. Under what circumstances is the Governor required to reserve a Bill for the consideration of the President?
    A. If the Bill seems to clip the wings of the High Court or undermine its functioning
    B. If the Bill has not been passed by a majority of members present and voting
    C. If the Bill is related to the State’s annual budget
    D. If the Bill has been pending for more than six months
    Correct Answer: A. If the Bill seems to clip the wings of the High Court or undermine its functioning
    Explanation: As per the Constitution, the Governor is required to reserve a Bill for the consideration of the President if in his opinion, any Bill seems to clip the wings of the High Court or undermine its functioning.
  3. What happens if the President withholds assent to a Bill?
    A. The Bill becomes law
    B. The Bill is sent for reconsideration by the State legislature
    C. The Bill is dead
    D. The Governor has the final say in the matter
    Correct Answer: C. The Bill is dead
    Explanation: If the President withholds assent to a Bill, it cannot become law, and it is effectively dead.
  4. What is the timeframe within which the House or Houses have to reconsider a Bill that has been reserved by the Governor for the consideration of the President?
    A. 3 months
    B. 6 months
    C. 9 months
    D. 12 months
    Correct Answer: B. 6 months
    Explanation: As per Article 201 of the Constitution, if a Bill has been reserved by the Governor for the consideration of the President, the House or Houses must reconsider the Bill within a period of six months from receiving it.

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