Details about the Governor’s power to withhold Assent to the Bill

Governor’s power to withhold Assent to the Bill

Why in news?

The Supreme Court (SC) of India has recently emphasized that when the Governor decides to withhold assent to a Bill, they are obliged to adhere to a particular course of action outlined in Article 200 of the Constitution, which mandates the Governor to communicate their reasons for withholding assent and prompt the Legislature to reconsider the Bill.

• Tamil Nadu’s Governor R N Ravi’s decision to withhold assent to 10 pending Bills has raised fresh legal questions on the powers of the Governor.
• This comes at a time when at least four opposition-ruled states including Tamil Nadu are before the Supreme Court seeking its intervention on defining the contours of the Governor’s powers in the lawmaking process

Constitutional Stand about The Governor’s Role

• Article 200:
  • Article 200 of the Indian Constitution outlines the process for a Bill passed by the Legislative Assembly of a State to be presented to the Governor for assent, who may either assent, withhold assent or reserve the Bill for consideration by the President.
  • The Governor may also return the Bill with a message requesting reconsideration by the House or Houses.
• Article 201:
  • It states that when a Bill is reserved for the consideration of the President, the President may assent to or withhold assent from the Bill.
  • The President may also direct the Governor to return the Bill to the House or Houses of the Legislature of the State for reconsideration.
• Options Available with the Governor:
  • He may give assent, or he can send it back to the Assembly requesting it to reconsider some provisions of the Bill, or the Bill itself.
  • He may reserve the bill for the consideration of the president. The reservation is obligatory where the bill passed by the state legislature endangers the position of the state high court. However, the governor can also reserve the bill if it is of the following nature:
    • Against the provisions of the Constitution
    • Opposed to the DPSP
    • Against the larger interest of the country
    • Of grave national importance
    • Deals with compulsory acquisition of property under Article 31A of the Constitution.
  • Another option is to withhold the assent, but this is not normally done by any Governor because it would be an extremely unpopular action

Can a Governor in practice actually sit on a Bill forever?

• An indefinite timeline in deciding on Bills can in effect amount to paralysing the elected government.
• At the same time, giving assent to Bills is one of the few areas in which the Governor can exercise his discretion.
• But this discretion cannot be used arbitrarily or based on a personal preference, but only in Constitutional terms with cogent reasons.
• Additionally, Article 200 uses the word “shall” which indicates that the framers of the Constitution intended a mandatory tone for the Governor on this aspect.

What is the Ruling of the Supreme Court?

• If a Governor refuses to approve a Bill, they have to follow Article 200.
• The SC has held that if a Governor decides to withhold assent to a Bill, then he has to return the bill to the legislature for reconsideration.
• The Governor’s withholding of assent without the necessary step of communicating the need for the Legislature to reassess the Bill violates constitutional principles.
• The elected Legislature has the final say on the Bill, and the Governor’s message doesn’t force them to agree. That is, once the House re-passes the returned Bill, with or without amendments, the Governor has no choice but to grant consent.
• The ultimate authority to accept or reject a Bill lies with the elected Legislature, and the Governor’s message does not bind the legislative body.

What are the Issues with Pending Bills?

• Delay in Decision-Making:
  • The Governor’s failure to take a decision on the Bills passed by the legislature leads to a delay in decision-making, which affects the effective functioning of the state government.
  • When the Governor fails to make a decision on a Bill passed by the assembly, it delays the implementation of policies and laws.
• Undermines the Democratic Process:
  • The Governor, who is appointed by the Centre, can use his powers to delay or reject Bills passed by state assemblies for political reasons, which undermines the democratic process.
• Public Perception:
  • The public often views pending Bills with the Governor as a sign of inefficiency or even corruption in the state government, which can damage the government’s reputation.
• Lack of Accountability:
  • When the Governor withholds assent, he does not provide any reason for his decision.
  • This lack of accountability undermines the principles of transparency and accountability in governance

Way Forward

• Governors should adhere to the guidelines of Article 200, promptly communicating their concerns about Bills and sending them back to the State Legislature for reconsideration. This ensures a proper process and respects the Legislature’s authority.
• Clear guidelines and transparent processes can help avoid misunderstandings. Governors should provide transparent reasoning when withholding assent to a Bill, ensuring accountability for their decisions.
• Continuous discussions and legal clarity on the role of Governors in the legislative process might further streamline the procedures and avoid potential conflicts

National Pharmacy Commission Bill

Why in News?

• The Union Health Ministry invited comments from the public and stakeholders on the proposed National Pharmacy Commission Bill 2023.
• It seeks to repeal the Pharmacy Act of 1948 and replace the Pharmacy Council of India with a national commission
• Earlier, during the Parliament session (in August), the National Nursing and Midwifery Commission Bill 2023 and the National Dental Commission Bill 2023, were passed.

Purpose of the Bill:

• It aims to replace the Pharmacy Act 1948 and the existing Pharmacy Council of India (PCI) with the National Pharmacy Commission.
  • The Act of 1948 regulates the profession of pharmacy whereas it is expedient to make better provision for the regulation of the profession and practise of pharmacy.
  • For that purpose, it constitutes the Pharmacy Council of India.
• The Bill aims to improve access to affordable, high-quality pharmacy education, and ensure the availability of pharmacy professionals nationwide and seeks to promote equitable healthcare by making pharmacy services accessible to all citizens.

About the Proposed National Pharmacy Commission Bill 2023

• Aim: To improve access to affordable, high-quality pharmacy education, and ensure the availability of pharmacy professionals nationwide and seeks to promote equitable healthcare.
• National Pharmacy Commission: The Bill proposes to constitute a commission with its head office in Delhi.
  • It shall consist of a Chairperson, thirteen ex officio Members and fourteen part-time Members.
• Boards: The following boards will work under the supervision of the Commission:
  • the Pharmacy Education Board;
  • the Pharmacy Assessment and Rating Board; and
  • the Pharmacy Ethics and Registration Board.
• National Register: The Pharmacy Ethics and Registration Board will maintain a National Pharmacy Register which will have details of pharmacy professionals to ensure transparency.
• Periodic Assessment: The Bill also calls for a periodic and transparent assessment of pharmacy institutions.
• Promote Research and Establish Standards: It also encourages professionals to integrate the latest research into their work, and uphold high ethical standards and establish an effective grievance redressal mechanism for relevant matters

Functions of the National Pharmacy Commission:

• The commission is tasked with setting education standards, facilities, assessments, training, research, and tuition fees.
• It will establish standards for the pharmacy faculty and clinical facilities, implement a uniform admission mechanism, and regulate pharmacy education and training policies.
• Additionally, the commission will oversee and regulate pharmacy institutions, research activities, professionals, and associates.
• The commission will also make regulations to ensure the competency of pharmacy professionals.
• The commission will evaluate professionals either through final year undergraduate exam or otherwise,
  • To ensure adequate competence of the pharmacy professionals for enrolment in the National Register or State Register, and
  • For granting licence to practise as a pharmacy professional.
• It will also have the duty to collaborate with industry and other institutions for the use of cutting-edge technology and hybrid education to drive innovation and research in pharmacy.
• To ensure the global mobility of professionals, the council will have to train professionals with soft skills and provide elective courses at educational institutions.

Need for the Bill

• To provide for a pharmacy education system that ensures availability of adequate and high-quality pharmacy professionals in all parts of the country.
• To promote equitable and universal healthcare and make services of pharmacy professionals accessible to all the citizens.
• To promote national health goals.

Pharmaceutical Sector in India

• The Indian Pharmaceuticals industry plays a prominent role in the global pharmaceuticals industry.
• India is a major exporter of Pharmaceuticals, with over 200+ countries served by Indian pharma exports.
• India supplies over 50% of Africa’s requirement for generics, ~40% of generic demand in the US and ~25% of all medicine in the UK.
• India also accounts for ~60% of global vaccine demand, and is a leading supplier of DPT, BCG and Measles vaccines.
• 70% of WHO’s vaccines (as per the essential Immunization schedule) are sourced from India.