Understanding Article 200 of the Constitution

• Article 200 of the Constitution outlines the Governor’s rights to assent to a Bill.

• The Union of India argued that the first proviso to Article 200 allowed the Governor to withhold assent without referring the Bill back to the Assembly.

• The Court rejected this argument, stating that the proviso to Article 200 does not contain independent power.

• The Governor has three options once a Bill is passed by the Assembly: assent, reserve for President’s consideration, or withhold assent, which requires the Governor to refer the Bill back to the Assembly for reconsideration.

• The Union also argued that the Governor could exercise an autonomous discretion in deciding whether to reserve a Bill for President’s assent.

• The Court identified three narrow circumstances where the Governor could act without ministerial counsel: where a Bill derogated from a High Court’s powers, within a class for which presidential assent was explicitly mandated, and where a Bill fundamentally undermined constitutional values.

• The Court found that even where a Governor exercises discretion, the action is still subject to judicial review.

• The Court declared that the 10 Bills would be deemed assented to on the date when they were re-presented to the Governor, a power available to it under Article 142.

• The Court’s decision upholds the fact that the Governor, appointed by the Union government, functions on the aid and advice of the State executive, upholding the values of representative democracy.