Governor's Assent to Bills and Reservation for President

Governor assent bills provisions are laid down in Article 200 of the Constitution, which sets out what a Governor may do once a State Bill has been passed by the Legislature, and Article 201, which governs what happens once a Bill is reserved for the President's consideration. Together the two articles form the final stage of a State Bill's journey from Legislature to law.

The Governor's Options Under Article 200

When a Bill has been passed by the Legislative Assembly of a State, or by both Houses where the State has a Legislative Council, it is presented to the Governor. The Governor must then declare either that assent is given, that assent is withheld, or that the Bill is reserved for the consideration of the President. As soon as possible after a non-Money Bill is presented, the Governor also has a further option under a proviso to Article 200: returning the Bill to the House or Houses with a message asking them to reconsider the Bill, or specified provisions of it, and in particular to consider any amendments the Governor recommends in the message. This reconsideration route is not available for Money Bills.

Reconsideration Cannot Be Used to Block a Bill Indefinitely

Once a Bill is returned under this proviso, the House or Houses must reconsider it. If the Legislature passes the Bill again — whether in its original form or with amendments — and presents it to the Governor once more, the Governor has no further alternative but to declare assent. In other words, the return-for-reconsideration route gives the Governor one opportunity to prompt a second look at a Bill, but the Legislature's repeated will, once expressed a second time, must ultimately be honoured with assent, exactly as the President's suspensive veto over Union legislation works under Article 111.

Compulsory Reservation to Protect the High Court

Article 200 also makes reservation for the President's consideration obligatory in one specific situation: where a Bill would, in law, so derogate from the powers of the High Court as to endanger the position that the Constitution designs that Court to occupy. In such a case the Governor cannot simply assent or withhold assent; the Bill must go to the President. Outside this compulsory case, the Governor retains discretion to reserve any Bill for presidential consideration that the Governor thinks fit to reserve.

What Happens to a Bill Reserved for the President — Article 201

When a Bill is reserved by the Governor for the President's consideration, the President must declare either assent or that assent is withheld. Where the Bill is not a Money Bill, Article 201 gives the President a further option: directing the Governor to return the Bill to the House or Houses of the State Legislature with a message of the kind described in the first proviso to Article 200. Once so returned, the Legislature must reconsider the Bill within six months of receiving the message. If the Bill is passed again and presented to the President a second time, the President is not obliged to assent — a crucial difference from the Governor's own position under Article 200, where a second passage compels assent.

Governor's Assent vs Presidential Assent to Reserved Bills

Stage	Options available	What happens on re-passage after a return for reconsideration
Governor, on a Bill passed by the Legislature (Article 200)	Assent · withhold assent · reserve for President · (for non-Money Bills) return for reconsideration	Governor has no alternative but to assent
President, on a Bill reserved by the Governor (Article 201)	Assent · withhold assent · (for non-Money Bills) direct the Governor to return the Bill for reconsideration	President is not bound to assent

No Fixed Timeline, and a Possible Reference to the Supreme Court

The Constitution does not prescribe any time limit within which the President must declare assent or withholding of assent on a reserved Bill, which means such a Bill can remain undecided for an extended period. Where doubts arise about a reserved Bill's constitutionality, the President has, in practice, also used the option of referring the matter to the Supreme Court under Article 143 for an advisory opinion before deciding whether to assent — as happened with the Kerala Education Bill.

UPSC Relevance

Prelims: Remember the Governor's four options under Article 200 — assent, withhold assent, reserve for the President, or (for non-Money Bills) return for reconsideration — and that reservation becomes compulsory where a Bill would endanger the High Court's constitutional position. Also note that under Article 201, unlike under Article 200, the President is not bound to assent even after the Legislature re-passes a returned Bill.

Mains: Examine how the asymmetry between the Governor's obligatory assent on re-passage (Article 200) and the President's discretion to withhold assent even after re-passage (Article 201) affects the finality of State legislative will once a Bill is reserved for the Union executive.

FAQ

Q1. What are the Governor's options when a State Bill is presented for assent? A. Under Article 200, the Governor may assent to the Bill, withhold assent, reserve it for the President's consideration, or, if it is not a Money Bill, return it to the Legislature for reconsideration.

Q2. Must the Governor assent if the Legislature passes a returned Bill again? A. Yes. Once the Bill is passed again, with or without amendments, and presented again, the Governor has no alternative but to declare assent.

Q3. When is reservation for the President compulsory rather than discretionary? A. When the Bill would, in law, so derogate from the powers of the High Court as to endanger the position the Constitution designs it to occupy.

Q4. Is the President bound to assent if a reserved Bill is passed again by the State Legislature? A. No. Under Article 201, even after the Legislature reconsiders and re-passes the Bill within six months, the President is not obliged to give assent.

Q5. Is there a time limit for the President to decide on a reserved Bill? A. No. The Constitution does not fix any time limit for the President's decision, and the President may also seek the Supreme Court's advisory opinion under Article 143 on a doubtful Bill before deciding.

Quick Revision

• Article 200 = Governor's assent to State Bills; Article 201 = fate of Bills reserved for the President.
• Governor's options: assent, withhold assent, reserve for President, or return non-Money Bills for reconsideration.
• Re-passage of a returned Bill obliges the Governor to assent — no further alternative.
• Reservation for the President is compulsory if the Bill endangers the High Court's constitutional position.
• President's options on a reserved Bill: assent, withhold assent, or (non-Money Bills) direct return for reconsideration within six months.
• Unlike the Governor, the President is NOT obliged to assent even after re-passage of a reserved Bill.
• No constitutional time limit binds the President's decision on a reserved Bill.
• President may refer a doubtful reserved Bill to the Supreme Court under Article 143 (e.g., Kerala Education Bill).

Sources

• Constitution of India, Article 200 — https://www.indiacode.nic.in/
• Constitution of India, Article 201 — https://www.indiacode.nic.in/
• Constitution of India, Article 143 — https://www.indiacode.nic.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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