DMK MP Wilson to introduce private bill seeking time-limit for Governors to decide on Bills sent by State Legislatures
Apr 01, 2022
New Delhi [India], April 1 : DMK Rajya Sabha MP P Wilson will introduce a Private Member Bill in Parliament on Friday seeking to amend Article 200 of the Constitution of India and fix the time limit for Governors to decide on the Bills sent by State Legislatures.
The Bill states that the Constitution of India is dynamic in nature, with the ability to adapt itself to the changing needs of the nation. Democracy and Federalism are the essential features of the Constitution and part of its basic structure.
"The Governor is established as the dejure head of the State and all executive acts are done in his name. However, the Governor is bound by the aid and advise of the elected State Government under article 163 of the Constitution. It cannot be said that the Governor, who is a ceremonial head of the State, cannot impede the lawful and constitutional functioning of the State Government," the Bill said.
Referring to the Constitution, the Bill said Article 200 bestows on the Governor the power to provide assent to the Bills passed by the State Legislature. The Governor can also return the Bill to the Legislature for reconsideration or suggest amendments. However, if the Bill is once again passed by the Legislature, the Governor is bound to give his assent. The Governor is further entrusted with an additional power to reserve a Bill for the consideration of the President. However, the Constitution does not prescribe a time limit for the Governor to assent, withhold assent or reserve the Bill for the consideration of the President.
"As the Constitutional Head of the State, the Governor owes a responsibility to the people of the State. It is trite in law that any constitutional authority must perform its duties within a reasonable time frame. However, in the recent past; we have seen several instances of Governors holding Bills passed by the State Legislatures for inordinate amount of time, without deciding one way or the other. In some cases, even when ex-facie the Bill has to be reserved for the consideration of the President, the Governors have taken a long time to do so," the Bill said.
"This defeats the will of the people since the State Legislature represents the mandate of the people. All Bills passed by the State Legislature are for the welfare of the people of the State. The State Government's functioning cannot indirectly be curtailed and rendered inutile by the actions of the Governor, a Union Government appointee. That infringes the balance of power between the Union and States established by the Constitution," mentioned the Bill.
It further said that the absence of a time-limit in article 200 gives the Governor unbridled power to delay the fate of a Bill. Thus, non-prescription of a time-limit is an impediment to the welfare of the people. Thus, the provision must be amended to balance the interest of the people and also provide sufficient time for the Governor to take an informed decision.
"It is therefore, proposed to amend article 200 of the Constitution to prescribe a time limit to the Governor for providing or withholding his assent to the Bill or reservation of such Bill for the consideration of the President of India," the Bill added.
