Article 200:Double Edge Sword

What is Article-200? 

Article 200 of the Indian Constitution outlines the powers of the Governor in relation to the assent of bills passed by the State Legislature. It specifies the procedure the Governor must follow after a bill is passed by the Legislative Assembly (or both Houses, in states with a Legislative Council) of a state.
Presentation to the Governor: After a bill is passed by the State Legislature, it is presented to the Governor for assent.
Governor’s Options: Assent to the bill, Withhold assent to the bill, Reserve the bill for the President’s consideration in certain cases.
Returning Bills: If the Governor withholds assent (except for Money Bills), the bill can be returned to the Legislature for reconsideration with a message. If passed again, the Governor must assent.
Reservation for President: The Governor can reserve a bill for the President if it undermines the powers of the High Court.

Why was Article 200 Added to the Constitution

Article 200 was added to the Indian Constitution to regulate the Governor’s role in handling bills passed by the State Legislature, ensuring a balance of power and protecting constitutional integrity.

1. Preventing Unconstitutional Legislation: It allows the Governor to withhold assent or return bills for reconsideration, preventing hasty or unconstitutional laws.
2. Ensuring Gubernatorial Accountability: The Governor must act within a reasonable time and communicate reasons for withholding assent, ensuring accountability.
3. Safeguarding Constitutional Principles: It allows the Governor to reserve bills for the President if they undermine constitutional principles, such as judicial powers.
4. Preventing Legislative Overreach: By enabling the return of bills for reconsideration, it adds a layer of scrutiny, preventing extreme decisions by the Legislature.

What are the Concerns over Article-200

1. Indefinite Delays: Lack of a time frame for granting assent can lead to prolonged delays, creating a constitutional impasse and hindering governance.
2. Partisanship and Political Influence: Governors may act under central government influence, leading to political manipulation and accusations of undermining federalism, especially in opposition-ruled states.
3. Lack of Transparency: The Governor’s reasons for withholding assent or reserving bills for the President are often unclear, raising concerns about accountability and transparency.
4. Constitutional Impasse: Delays or refusals to assent can result in deadlocks, disrupting the functioning of state legislatures and delaying important laws.
5. Impact on Legislative Independence: The Governor’s power to return bills for reconsideration can undermine state legislative autonomy, potentially exerting influence over the legislative process.
6. Legal and Political Conflicts: Disputes between the Governor and state governments can escalate into legal and political confrontations, further straining state-central relations.

Way forward

Conclusion:

Article 200 plays a crucial role in maintaining a balance of power between the Governor and the State Legislature.  concerns about delays, partisanship, and transparency highlight the need for clearer guidelines and reforms to ensure that the Governor’s powers are used responsibly, in accordance with constitutional principles, and with respect for state autonomy. The ongoing legal scrutiny by the Supreme Court underscores the importance of addressing these issues to strengthen India’s democratic framework.

Prelims Questions: