Article 200 of the Costitution of India with Case law
Here is a detailed explanation of Article 200 of the Constitution of India, along with important case laws:
📜 Article 200 – Constitution of India
“Assent to Bills”
âś… Text of Article 200 (Simplified):
When a Bill passed by the Legislative Assembly (or both Houses, in bicameral states) of a State is presented to the Governor, the Governor shall:
Give assent to the Bill, or
Withhold assent, or
Reserve the Bill for the President’s consideration, or
Return the Bill (if it's not a Money Bill) to the Legislature with a request to reconsider it.
If the Legislature passes the Bill again with or without amendments, the Governor must give assent (unless he reserves it for the President).
🔍 Key Features of Article 200:
| Feature | Explanation |
|---|---|
| Applies to | Bills passed by State Legislature |
| Governor’s options | Assent, withhold, reserve for President, or return (except Money Bills) |
| Reconsideration provision | For non-Money Bills, Governor can return once for reconsideration |
| Final action | After reconsideration, Governor must assent or reserve |
⚖️ Important Case Laws on Article 200:
1. Kaiser-i-Hind Pvt. Ltd. v. National Textile Corporation
Citation: (2002) 8 SCC 182
Context: Delayed gubernatorial assent questioned.
Held: The assent of the Governor is not a mere formality, and refusal or delay must be based on constitutional grounds.
Relevance: Asserted that unreasonable delay or inaction by the Governor could be subject to judicial review.
2. Purushothaman Nambudiri v. State of Kerala
Citation: AIR 1962 SC 694
Issue: Whether the Governor’s assent is legislative or executive action.
Held: The granting of assent is a part of the legislative process.
Relevance: Reinforces that assent is a constitutional requirement, not a discretionary privilege.
3. Hoechst Pharmaceuticals Ltd. v. State of Bihar
Citation: (1983) 4 SCC 45
Context: Whether a Governor’s assent can validate a State law conflicting with a Central law.
Held: Governor’s assent does not cure repugnancy if Presidential assent is required under Article 254(2).
Relevance to Article 200: Only the President can give valid assent in cases of potential conflict with Union laws.
4. Shamsher Singh v. State of Punjab
Citation: AIR 1974 SC 2192
Context: Clarified Governor’s role in constitutional functions.
Held: Governor must act on the advice of the Council of Ministers.
Relevance: The decision to grant assent or return a Bill under Article 200 is not discretionary — it should be based on the advice of the elected government.
5. Rameshwar Prasad v. Union of India
Citation: (2006) 2 SCC 1
Relevance: Although this case dealt with Article 356 (President’s Rule), it emphasized constitutional morality and limits on Governor’s discretion — principles that equally apply to Article 200.
🧠Concerns in Recent Years:
In some states like Tamil Nadu, Kerala, and Punjab, there have been allegations of Governors delaying assent to Bills indefinitely.
In 2023, the Supreme Court observed that Governors are bound to act within a reasonable time, and that indefinite delay is unconstitutional (as per conventions drawn from the above case laws).
đź“š Summary Table:
| Element | Description |
|---|---|
| Applies to | Bills passed by State Legislature |
| Governor’s choices | Assent, Withhold, Reserve for President, or Return (once) |
| Cannot return | Money Bills |
| Post-reconsideration | Must give assent or reserve for President |
| Judicial Review? | Yes, if delay or action is arbitrary |
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