Disallowance of State Legislation Reserved for President (Presidential Veto)

Disallowance of state legislation reserved for the President refers to the President's power under Article 201 of the Constitution to withhold assent from a Bill that a State Governor has reserved for the President's consideration, effectively vetoing a law passed by a State Legislature. This mechanism gives the Union executive a final check over State lawmaking on Bills a Governor considers significant enough to refer upward, before such Bills can become law.

What Article 201 Provides

When a Governor reserves a Bill passed by a State Legislature for the President's consideration, Article 201 requires the President to take one of two basic positions: assent to the Bill, or withhold assent from it. Article 201 states that the President "shall declare either that he assents to the Bill or that he withholds assent therefrom." There is no third option of simply taking no action; the President must declare one of the two.

The Return-for-Reconsideration Route

For Bills that are not Money Bills, Article 201 gives the President a further option. Instead of assenting or withholding assent outright, the President "may direct the Governor to return the Bill" to the House or Houses of the State Legislature, together with a message of the kind referred to in the first proviso to Article 200 -- the same category of message a Governor can send when returning a Bill before reservation. On receiving such a Bill back, the House or Houses must reconsider it within six months of receiving the President's message. If the Legislature passes the Bill again, with or without amendments, it must be presented once more to the President for consideration. This return route is not available for Money Bills, which the President can only assent to or withhold assent from.

Link to Repugnancy under Article 254

Reservation of a State Bill for the President's consideration also has consequences beyond the Bill's own fate. Under Article 254(2), a State law on a subject in the Concurrent List that conflicts with an existing Union law can still prevail in that State -- but only if the State law was reserved for the President's consideration and received presidential assent. Even after such assent, Parliament is not permanently excluded: the proviso to Article 254(2) allows Parliament to enact a later law adding to, amending, varying, or repealing the State law, which would again override it. Reservation for the President's consideration therefore sits at the intersection of two different constitutional concerns -- the general check the Union executive holds over State Bills a Governor has reserved, and the specific rule that governs which of two conflicting Union and State laws prevails on a Concurrent List subject.

UPSC Relevance

Prelims: Distinguish Article 200 (the Governor's options on an ordinary State Bill, including reservation for the President) from Article 201 (the President's options once a Bill has actually been reserved). Note that under Article 201 the President's two direct choices are assent or withholding assent, with return for reconsideration available only for non-Money Bills. Remember the six-month reconsideration window.

Mains: This topic is relevant to questions on Centre-State relations, the limits of State legislative autonomy, and reservation of Bills as a tool of central oversight. It connects naturally to Article 254(2) and the resolution of repugnancy between Union and State laws on Concurrent List subjects.

FAQ

Q1. What are the President's options when a Governor reserves a State Bill under Article 201? The President may either assent to the Bill or withhold assent from it. For a Bill that is not a Money Bill, the President may instead direct the Governor to return it to the State Legislature for reconsideration.

Q2. Is there a time limit for the State Legislature to reconsider a Bill returned by the President? Yes. Under Article 201, the House or Houses of the State Legislature must reconsider a returned Bill within six months of receiving the President's message.

Q3. Can a Money Bill be returned to the State Legislature for reconsideration under Article 201? No. The return-for-reconsideration route applies only to Bills that are not Money Bills; a Money Bill can only receive or be denied the President's assent.

Q4. How does reservation for the President's consideration affect a State law's validity under Article 254? Under Article 254(2), a State law on a Concurrent List subject that is repugnant to an existing Union law can prevail in that State if it was reserved for the President's consideration and received presidential assent -- though Parliament may still override it later with fresh legislation.

Quick Revision

• Article 201 governs the President's action once a Governor has reserved a State Bill.
• President's two direct choices: assent, or withhold assent.
• For non-Money Bills only: the President may return the Bill to the State Legislature via the Governor, with a message under the first proviso to Article 200.
• The State Legislature must reconsider a returned Bill within six months of the President's message.
• A Bill re-passed after reconsideration must be presented again to the President.
• Article 254(2): a repugnant State law on the Concurrent List can prevail in that State only if reserved for and assented to by the President, subject to later parliamentary override.

Sources

• Constitution of India, Article 201 -- legislative.gov.in
• Constitution of India, Article 254 -- legislative.gov.in

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

• M. Laxmikanth, Indian Polity (McGraw Hill) -- the standard UPSC handbook.
• D.D. Basu, Introduction to the Constitution of India (LexisNexis) -- authoritative constitutional-law treatment.
• The Constitution of India -- Bare Act -- the official text.

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