In the process of legislation, the Governor does not have a total veto power but can only stall legislation.

Under Article 200, the Governor can reserve a bill passed by the legislature for reconsideration of the President. A bill can be reserved under the following circumstances: (i) if the bill is unconstitutional, (ii) if it is against the larger interest of the country, (iii) if it is in direct opposition to the Directive Princi­ples of State Policy, (iv) if the bill passed by the state legislature is of grave national importance, (v) if it endangers the position of the High Court and (vi) if the bill, deals with the compulsory acquisition of property under Article 31(3).

It is interesting to note that, Article 200 does not contemplate that the Governor shall first give his assent and, when the bill has become a full-fledged law, reserve it for the consideration of the President. Reservation is an alternative to his giving or refusing assent to the Bill. Indeed, in matters where reservation is compulsory, the Governor is prohibited from giving his assent.

But, it is certainly a discretionary power because the Chief Minister or the Council of Ministers would certainly not advise the Governor to reserve a bill for the President after it has been passed by a majority in the legislature. However, the Constitution does not specify the time-limit within which the Governor can reserve the bill and when the bill would come back.

ADVERTISEMENTS:

Under Article 201, when the Governor sends a bill to the President for reconsideration, the President has to declare whether he is giving or withholding his assent. In cases of non-money bills, the President, if he is not giving his assent, can ask the Governor to send the bill back to the House or Houses as the case may be.

The House or Houses will reconsider this bill, sent by the President, within a period of six months from the date of receipt of such message and, if it is again passed by the House or Houses, with or without amendment, it shall be presented again to the President for his consideration.