Governor’s Role in Reserving Bills for the President’s Consideration (Article 200)

At a Glance

• What it is The Governor’s option to send a state bill to the President
• Article Articles 200 and 201
• Options Four for ordinary bills
• Veto Suspensive for ordinary bills
• Exam link UPSC Prelims, Polity: Governor

Where Does It Fit?

This is the eighth topic of the category on the Governor. A bill passed by the state legislature becomes an Act only after the Governor, or in the case of a reserved bill the President, gives assent.

The Governor’s Four Alternatives (Article 200)

1. He or she may give assent to the bill, and it becomes an Act.
2. He or she may withhold assent, and the bill ends.
3. He or she may return the bill (if not a money bill) for reconsideration of the House or Houses; if passed again with or without amendments, the Governor must give assent. So the Governor has only a suspensive veto.
4. He or she may reserve the bill for the consideration of the President.

Reservation is obligatory in one case: where the bill passed by the state legislature endangers the position of the state High Court. As identified by Soli Sorabji, the former Attorney General, the Governor can also reserve a bill if it is ultra vires, opposed to the Directive Principles, against the larger interest of the country, of grave national importance, or dealing with compulsory acquisition of property under Article 31A.

Role of the President (Article 201)

When a bill is reserved, the President may assent, withhold assent, or direct the return of the bill for reconsideration (if not a money bill). When the bill is so returned, the House or Houses have to reconsider it within six months. If it is passed again, with or without amendments, and presented to the President, the President is not bound to give assent; the Constitution does not say whether assent is obligatory. The Governor has no further role in the enactment of the bill, and if the President assents it becomes an Act without the Governor’s assent. There is no time limit for the President’s decision, so the President can exercise a pocket veto over state bills too.

Veto Powers Compared

Why the Reservation Power Matters

The power to reserve a bill is one of the constitutional discretions of the Governor and a significant instrument of Union control over states. The Governor can exercise it without the advice of ministers, and once a bill is reserved, the Governor has no further role. The President’s decision on a reserved bill is taken on the advice of the Union council of ministers, so the power effectively allows the Centre to review state legislation. Because the Constitution fixes no time limit for the President, a pocket veto is possible. This is among the reasons why reservation of bills has been a subject of controversy in Centre-state relations.

Sarkaria Commission Classification

The Sarkaria Commission classified state bills reserved for the President into three categories. Bills that must be reserved: those which so derogate from the powers of the High Court as to endanger its position (Article 200), those concerning taxes on water or electricity attracting Article 288, and those falling under Article 360 during a Financial Emergency. Bills that may be reserved for specific purposes: bills seeking immunity from Articles 14 and 19 (such as acquisition of estates under Article 31A and giving effect to Directive Principles under Article 31C); a Concurrent List bill needing the President’s assent under Article 254 to prevail over a Union law; and bills imposing trade and commerce restrictions requiring prior Presidential sanction under Article 304. And bills the Governor may reserve under Article 200 which do not fall in these categories. The Governor’s reservation of state bills for the President’s consideration has created controversy in some cases.

Why Is This Topic Important?

• Veto comparisons President versus Governor tables are common
• Obligatory reservation High Court position bill
• Sarkaria categories Three categories

What Came Next?

The next topic covers the discharge of the Governor’s functions in certain contingencies under Article 160.

Key People and Terms

• Reserve Send to the President for decision
• Suspensive veto Return once; must assent after repassage
• Pocket veto No time limit, so delay
• Article 201 President’s options on reserved bills
• Article 288 Tax immunity of Union and states on water or electricity

Exam Corner

Mains Angle

Questions on this topic usually ask about the Governor’s role in federal checks. Use these points to add depth.

• Federal check Centre controls state bills
• Controversy Reservations have caused disputes
• Absolute and pocket veto No time limit for the President
• Sarkaria categories Guidance