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A MANDATE FOR GOVERNORS
What the article is about?
- Talks about the tussle between Governor and State in light of the NEET bill controversy in Tamil Nadu.
Syllabus: GS-II Indian Constitution, Governor, Centre-State relations
NEET Bill Controversy:
- The Tamil Nadu Assembly passed a Bill to dispense with the National Entrance cum Eligibility Test (NEET) based on the recommendation of the high-level committee led by retired judge AK Rajan.
- The bill will allow admission to medical courses based on Class 12 marks to “ensure social justice”.
- The state assembly says the NEET is not a fair or equitable method of admission since it favoured the rich and elite sections of society who can afford coaching.
- As NEET comes under the Centre’s purview, it is required that the Governor forward the bill for Presidential assent.
- The bill was passed in Sept 2021 and a recent RTI shows that the Bill is still under consideration.
Veto Power of Governor:
- Article 200 of the Indian Constitution deals with the powers of the Governor with regard to assent given to bills passed by the State legislature and other powers of the Governor such as reserving the bill for the President's consideration.
- Article 201 pertains to ‘Bills Reserved for Consideration’.
- The Governor of India enjoys absolute veto, suspensive veto (except on money bills) but not the pocket veto.
- The governor is empowered to reserve certain types of bills passed by the state legislature for the consideration of the President.
- Then, the Governor will not have any further role in the enactment of the bill.
- The President can withhold his assent to such bills not only in the first instance but also in the second instance.
- Thus, the President enjoys absolute veto (and not suspensive veto) over state bills.
- Further, the President can exercise a pocket veto in respect of state legislation also.
- Issue:
- Governors delay certain bills without giving assent or returning it for an indefinite period.
Way Ahead:
- Setting a binding time within which Bills must receive assent, be returned or reserved for the consideration of the President by the Governors.
- The Governor should act in his discretion only in rare and exceptional cases, where he is compelled good conscience and duty to uphold the Constitution.
