Daily Current Affairs 24 November 2023 – IAS Current Affairs

Current Affairs 24 November 2023 focuses on the Prelims-Mains perspective. Major events are :

Governor Has No Veto Power

Source: PIB
GS II:  Structure, organisation and functioning of the Executive and the Judiciary Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity

Overview

1. News in Brief
2. What does Article 200 say?
3. Articles related to the Governor

Why in the News?

The Supreme Court has said the Governor, who is a part of the legislature, cannot withhold assent to bills without any further recourse, i.e., to virtually veto the functioning of the legislative domain by a duly elected legislature.

News in Brief

• A bench of Chief Justice of India and two other Justices said the Governor, as an unelected Head of the State, is entrusted with certain constitutional powers.
• The Governor cannot be at liberty to keep bills pending indefinitely without any action whatsoever.
• The power vested in the Governor cannot be used to thwart the normal course of lawmaking by the State Legislatures.
• Consequently, if the Governor decides to withhold assent under the substantive part of Article 200, the logical course of action is to pursue the course indicated in the first proviso of remitting the bill to the state legislature for reconsideration.

What Article 200 say? Assent to bills (i.e. assent of the Governor to the bills passed by the state legislature)

• The governor has the power the assent the bill.
• When a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State.
• It shall be presented to the Governor.
• Governor shall declare either that
  • He assents to the Bill
  • He withholds assent therefrom
  • He reserves the Bill for the consideration of the President
• Governor may, as soon as possible after the presentation to him of the Bill for assent, return the Bill if it is not a Money Bill together with a message requesting that the House or Houses will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message
• When a Bill is so returned, the House or Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the House or Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent therefrom
• Provided further that the Governor shall not assent to, but shall reserve for the consideration of the President, any Bill which in the opinion of the Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill.

Articles related to Governor

1. Article 153: Governors of states
2. Article 154: Executive power of the state
3. Article 155: Appointment of Governor
4. Article 156: Term of office of Governor
5. Article 157: Qualifications for Appointment as Governor
6. Article 158: Conditions of Governor’s office
7. Article 159: Oath or affirmation by the Governor
8. Article 160: Discharge of the functions of the Governor in certain contingencies
9. Article 161: Power of the Governor to grant pardons and others
10. Article 162: Extent of executive power of the state
11. Article 163: Council of Ministers to aid and advise the Governor
12. Article 164. Other provisions as to ministers like appointments, term, salaries, and others
13. Article 165: Advocate-General for the state
14. Article 166: Conduct of business of the government of a state
15. Article 167: Duties of the Chief Minister regarding furnishing of information to the Governor, and so on
16. Article 174: Sessions of the state legislature, prorogation and dissolution
17. Article 175: Right of the Governor to address and send messages to the house or houses of state legislature
18. Article 176: Special Address by the Governor
19. Article 200: Assent to bills (i.e. assent of the Governor to the bills passed by the state legislature)
20. Article 201: Bills reserved by the Governor for consideration of the President
21. Article 213: Power of Governor to promulgate ordinances
22. Article 217: The Governor being consulted by the President in the matter of the appointments of the judges of the High Courts
23. Article 233: Appointment of district judges by the Governor
24. Article 234: Appointments of persons (other than district judges) to the judicial service of the state by the Governor.

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