Gubernatorial Procrastination Is unreasonable
A Bill passed by the State Assembly becomes law only after it is assented to part of the State legislature, the process of law making is complete only when he countries, similar provision exists in the process of law making and the Bill it passes Governor assents to it. assent becomes the most crucial act in the whole the examples of Kerala and Tamil Nadu But the Governor`s assent has, of late, become a controversial issue in at least two States — Kerala In Tamil Nadu, the Governor give assent to the Lok Ayukta Amendment Bill and actions by Governors throw the legislative of the uncertainty surrounding the assent. Therefore, the question of whether a Governor is uncertainty in the matter of giving assent to the Bills passed by State legislatures assumes great Article 200 of the Constitution provides certain options for the Governor to exercise when give assent or he can send it back to the Assembly passes the Bill without making any change and sends it back to the Governor, he will have to give assent to it. This provision contained in Article mentioned of the legislature in the legislative exercise.
reserved for the consideration of the President Court by whittling away its powers. Constitution does not mention any other type of Governors in the matter of sending Bills to the withhold the assent. the Governor who does not reflect in any way the aspirations of the people of the State refuses assent, and thereby defeats the legislative be against the spirit of the Constitution. that the Constitution does not mention the grounds on which a Governor may withhold assent to a Bill shows that this power should be exercised by the Governor extremely sparingly assent is necessary for a Bill to be passed by power to withhold assent.
Moreover, refusal of royal assent on the ground President is empowered by the Constitution to refuse assent and return a Bill to the House but if House the Bill becomes law. that refusal of assent is a practice which is not Constitution itself provides a remedy so that the Bill passed by the legislature could become law The Indian Constitution, however, does not Governor withholds assent, the Bill will go. whether the government of a State can challenge the refusal of assent by the Governor in a court of law. Article 361 of the Constitution prohibits the Governor or the President for any act done in exercise of their powers.
a situation of having to challenge a Governor`s action of withholding assent to a Bill. withholds assent will have to disclose the reason Being a high constitutional authority, the Governor cannot act in an arbitrary for refusing to give assent. considerations or ultra vires, the Governor`s action Constitution bench of the Supreme Court in power of the Court to examine the validity of the Governor to act in a particular way. Invalidation of the refusal to give assent to a Bill option to him to exercise — as mentioned in It is claimed that since the Constitution does not fix any timeline for the Governor to decide the question of assent, he can wait for any length respect of law making by the legislatures.
that the Governor can indefinitely sit on the Bill that has been passed by an Assembly. required to exercise one of the options mentioned in that Article. authorities are required to act in a reasonable.
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