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President returns a bill passed by Punjab Legislative Assembly

Posted 18 Jul 2024

2 min read

The Punjab Universities Laws (Amendment) Bill, 2023 was reserved for the President’s assent by Punjab Governor. 

  • The bill proposed to replace the governor with the chief minister as the chancellor of state universities. 

Reservation of State Bills for President’s Consideration

  • Article 200 of the Constitution outlines Governor's power regarding bills passed by the state legislature.
    • It provides that Governor may reserve such a bill for President’s consideration.
  • Enactment of reserved bill then depends upon President’s assent or refusal of assent and Governor has no role in it.
  • If President directs the Governor to return the bill to state legislature for reconsideration, state legislature shall reconsider it within 6 months and present it again to President.
    • However, it is not obligatory for President to give his assent to reconsidered bill.

Other powers of Governor on State Bills

  • Once a bill is passed by the state Legislative Assembly, it is presented to Governor who is vested with four options:
    • Grant Assent: Makes the bill a law.
    • Withhold Assent: Effectively rejects the bill. 
    • Return Bill for Reconsideration: If legislative assembly passes the bill again with or without amendment, the Governor shall give his assent. 
    • Reserve the Bill for the President's Consideration.

Supreme Court Judgements on Governor’s Legislative Powers

  • State Of Punjab Case (2023): Governor cannot veto legislature by simply withholding assent to a bill. He/she must return the bill to the assembly on withholding assent
  • Shamsher Singh Case (1974): Governor does not exercise their discretionary powers while withholding assent or returning a Bill to the State Legislature. They are required to act as per the advice of the Council of Ministers.
  • Tags :
  • Governor's Powers
  • Article 200
  • Reservation of State Bills for President’s Consideration
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