Question

Consider the following statements:

1. With respect to the ordinary Bills passed by the State Legislature, the Governor is vested with a discretionary power either to withhold his/her assent or return the Bill for reconsideration by the State Legislature.

2. If a Bill passed by the State Legislature is derogatory to the powers of the High Court, it is compulsory for the Governor to reserve the Bill.

Which of the above statements is/are correct?

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Answer 1

Correct Answer - Option 3 : Both 1 and 2

The correct answer is Both 1 and 2.

• When a bill passed by the State Legislature is presented to the Governor with the advice of the Council of Ministers that it be reserved for the consideration of the President, then the Governor should do so forthwith. Hence 1 statement is correct.
• In support of the proposition that the power to accord or withhold assent and the power to return the Bill to the Legislature for reconsideration (with or without suggestions) as well as the power to reserve the Bill for the consideration of the President.
• If the legislative council rejects a bill passed by the legislative assembly then it can still become an act.
• If a bill passed by the legislative council is rejected by the legislative assembly then it lapses.
• When a bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State.
  • It shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President.
• The Governor can reserve any bill passed by the State legislature for the consideration of the President.
  • Particularly in one case, it is obligatory on the Governor to reserve the bill, i.e., when the bill is derogatory to the powers of the High Court. Hence 2 statement is correct.
• If the President directs the Governor to return the bill for reconsideration, the Legislature must reconsider the bill within six months and if it is passed again,  the bill is presented to the President again.