PRESIDENT RETURNS BILL PASSED BY PUNJAB LEGISLATIVE ASSEMBLY

Constitutional Framework

Article 200: Governor’s Powers on State Bills

When a bill is passed by the state legislature, the Governor has four options:

1. Grant Assent: The bill becomes law.
2. Withhold Assent: The bill is rejected.
3. Return the Bill for Reconsideration:
   • If the legislature repasses the bill (with or without amendments), the Governor must grant assent.
4. Reserve the Bill for the President’s Consideration:
   • Mandatory for bills that:
     • Derogate the powers of the High Court (Article 31A).
     • Conflict with Union laws or national interest (e.g., public order, national security).

Article 201: President’s Role on Reserved Bills

If a bill is reserved for the President:

1. The President may:
   • Grant Assent: The bill becomes law.
   • Withhold Assent: The bill is rejected.
   • Direct the Governor to Return the Bill to the state legislature for reconsideration.
2. Reconsideration Process:
   • The state legislature must reconsider the bill within 6 months.
   • If repassed, it is presented to the President again.
   • The President is not bound to assent even after reconsideration.

Case Study: Punjab Legislative Assembly Bill Returned by President

1. Scenario:
   • Suppose Punjab passes a bill (e.g., on state water rights, agriculture reforms, or state list subjects).
   • The Governor, under Article 200, reserves it for the President due to concerns over conflict with central laws or national interest.
2. President’s Action:
   • The President may return the bill to Punjab’s legislature for reconsideration.
   • Punjab must repass the bill within 6 months (with/without changes).
   • The President retains the final authority to grant or withhold assent, even after reconsideration.

Key Implications

1. Central Oversight:
   • Allows the Union to review state bills that may:
     • Conflict with central laws (Article 254).
     • Affect national security, trade, or constitutional machinery.
   • Example: Bills on subjects in the Concurrent List (e.g., education, electricity) require alignment with central laws.
2. State Autonomy vs. Union Control:
   • States argue this undermines their legislative autonomy (Part XI, Constitution).
   • Courts have upheld the President’s discretionary power under Articles 200-201 (P. Sundarayya vs State of Andhra Pradesh).
3. Political Dynamics:
   • Often leads to federal tensions (e.g., Tamil Nadu’s NEET exemption bill, Punjab’s river water bills).
   • Governors acting on Union advice may face allegations of partisanship.

Important Precedents

1. Punjab Termination of Agreements Act, 2004:
   • Passed by Punjab to terminate river water-sharing pacts with neighboring states.
   • Reserved by the Governor, leading to a prolonged tussle between Punjab and the Centre.
2. Kerala Lok Ayukta (Amendment) Bill, 2022:
   • The Governor reserved the bill for the President, arguing it weakened the anti-corruption body.

Critical Analysis

1. Rationale for Presidential Reservation:
   • Ensures legal harmony between state and Union laws.
   • Prevents states from encroaching on Union subjects (e.g., defense, foreign affairs).
2. Criticisms:
   • Delay Tactics: Governors/Presidents may stall bills for political reasons.
   • Ambiguity: Terms like “national interest” are subjective.
   • Judicial Review: Courts can examine whether the Governor/President acted mala fide (Rameshwar Prasad vs Union of India).

Way Forward

1. Clarify Guidelines: Define clear grounds for reserving bills (e.g., Supreme Court in Nabam Rebia case).
2. Time-Bound Process: Set deadlines for Presidential decisions to avoid delays.
3. Strengthen Federal Dialogue: Use platforms like the Inter-State Council to resolve disputes.

Conclusion

The President’s power to return or withhold assent to state bills under Articles 200-201 reflects India’s quasi-federal structure, balancing state legislative autonomy with Union oversight. While essential for legal consistency, its use must align with constitutional morality, avoiding partisan misuse. Recent debates (e.g., Punjab’s bills) highlight the need for clearer guidelines and cooperative federalism.