Governor’s Powers with State Bills
Context:
Recently, the Karnataka Governor has returned 11 Bills passed by the State legislature, seeking various clarifications from the Siddaramaiah government. The returned Bills include those related to religious institutions, municipal laws, and the appointment of advisers to the Chief Minister. The Governor’s actions have raised questions about his powers and the implications for state legislation.
Relevance:
GS-02 (Polity)
Key Highlights of the News:
- Return of 11 Bills: The Governor returned 11 Bills passed by the Karnataka legislature, asking for clarifications on various legal and constitutional issues. This includes concerns about pending cases in the Supreme Court, overlapping provisions in laws, and the creation of new entities for specific areas.
- Pending Supreme Court Cases: The Karnataka Religious Institutions and Charitable Endowments (Amendment) Bill, 2024, was returned due to a pending Supreme Court case concerning similar amendments made in 2011 and 2012.
- Overlapping Laws: The Karnataka Municipalities and Certain Other Law (Amendment) Bill, 2024, was questioned because the Karnataka Town and Country Planning (regularisation of unauthorised Development or Constructions) Rules, 2014, are currently under judicial review.
- Duplicate Legislation: The Sri Renuka Yellamma Temple Development Authority Bill was returned as the Governor questioned the need for a new law when a similar Act had already been enacted in February 2024.
- Advisers to the Chief Minister: The Karnataka Legislature (Prevention of Disqualification) (Second Amendment) Bill, 2024, which seeks to exempt certain offices from disqualification, was returned, raising concerns about the continuation of MLAs serving as advisers to the Chief Minister.
Governor’s Powers with State Bills:
- Article 200: Under Article 200 of the Indian Constitution, when a Bill is passed by the Legislative Assembly of a State, it is presented to the Governor for assent. The Governor can:
- Give assent to the Bill.
- Withhold assent to the Bill.
- Return the Bill with a message requesting reconsideration.
- Reserve the Bill for consideration by the President.
- Article 201: If a Bill is reserved for the President’s consideration, the President may:
- Assent to the Bill.
- Withhold assent from the Bill.
- Direct the Governor to return the Bill for reconsideration by the State Legislature.
Discretionary Powers of the Governor:
- Assent to Bills: The Governor has the discretion to give or withhold assent to a Bill or return it for reconsideration. This discretion, however, is debated as it may be influenced by the advice of the Council of Ministers.
- Reservation for the President: The Governor can reserve a Bill for the President’s consideration, especially if the Bill:
- Is against the Constitution.
- Conflicts with the Directive Principles of State Policy (DPSP).
- Is of grave national importance.
- Endangers the position of the state high court.
- Deals with compulsory acquisition of property under Article 31A.
- Withholding Assent: Although the Governor can withhold assent, this is rarely done as it is considered an unpopular action and could undermine the democratic process.
Way Forward:
- Clarifications and Dialogue: The State government should provide the necessary clarifications to the Governor on the returned Bills, ensuring that all legal and constitutional concerns are addressed.
- Strengthening Communication: To avoid delays in the legislative process, a structured communication channel between the Governor’s office and the State legislature should be established.
- Judicial Review: If disagreements persist, judicial review may be sought to resolve disputes between the Governor and the State government.
- Revisiting the Role of Governors: There is a need for a national debate on the role of Governors in state legislatures, especially regarding their discretionary powers and the potential for political interference.
- Ensuring Accountability: Measures should be put in place to ensure that Governors exercise their powers transparently and in alignment with the principles of democracy and federalism.
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