Governor’s Power to Assent Bills

In Context

• Supreme Court has given a reminder to Governors that the Constitution expects that a decision to return a Bill to the State Assembly for reconsideration should be made “as soon as possible”.

Types Of Bills Ordinary bills Money Bills Financial bills Constitution Amendment Bills

 

Legislative Procedure in State Legislature

State Legislature consists of

1. Governor
2. Legislative Assembly
3. Legislative Council

Money Bill can only be introduced in Legislative Assembly. Other Bills can be introduced in either House. Then the Bill goes for Governor’s ratification. Governor can send it for reconsideration for once.

The office of Governor

• About:
  • Article 153 of the Constitution provides the provision that there shall be a Governor for each State.
    • This Article also provides that it is not necessary for every State to have a different Governor and thus a person can be appointed as the Governor of more than one State.
  • Article 154:
    • The Governor’s position in the State is identical to the position of the President of India and just like the President, the Governor is the Executive Head of the State.
    • This authority is conferred on him under Article 154 of the Constitution which provides that the Executive power of the State is vested in the Governor.
• Governor’s powers regarding bills in the state legislature:
  • The Governor’s assent is necessary for the Bills which are passed by the State legislature to become a law.
  • Sending for reconsideration:
    • The Governor can send the bill back to the House for reconsideration but if the bill is sent back by the House without any change, the Governor has to give his assent to that bill (Governor can refer the Bill to president at this stage also).
    • Also, he cannot send the bill back to the State Legislature if it is a Money Bill.
  • Reserving the bill for the president’s consideration:
    • There are 4 options available to Governor regarding state bill (Art 200) –
      • Give Assent
      • Withhold Assent
      • Return for reconsideration except money bill (if sent again by State Legislature then also Governor can reserve the Bill for President’s Consideration)
      • Reserve for consideration of President, in case of any bill derogating the powers of HC then it is compulsory for Governor to reserve such bill for consideration of President.
    • Governor has to act as soon as possible after the presentation of such a bill and his action in this regard is non-justifiable.
    • And when a governor reserves bill for the president’s consideration, he is no longer involved in the bill’s enactment.
    • Even if the President refers it to the Assembly for reconsideration, the Bill will still be brought before the President and not the Governor following the reconsideration.
  • Article 201: President on receiving such bill also has 3 options
    • Give Assent
    • Withhold Assent
    • Return for reconsideration to State Legislature except Money Bill, then State Legislature shall reconsider the Bill within 6 months of its receipt and if sent again by State Legislature, President is not bound to give his assent.
    • There is no compulsion for him to act as soon as possible as provided in Article 200.
  • Withhold assent:
    • The Governor also has power to withhold assent to the a Bill
  • Pending bill in the legislature:
    • If any Bill is pending in the House(s), the governor can send a message to such House(s) for reminding them about the same.

 

Apex court’s recent addresses the issue of delay

• Article 200 & immediacy of returning a Bill:
  • The Supreme Court has reminded Governors that the Constitution expects that a decision to return a Bill to the State Assembly for reconsideration should be made “as soon as possible”
  • The Court has drawn attention to the phrase found in the first proviso to Article 200, seeking to convey a sense of immediacy in the matter of returning a Bill.
  • “The expression ‘as soon as possible’ contains significant constitutional content and must be borne in mind by constitutional authorities,” the Court observed.
  • This effectively means it would be constitutionally impermissible for Governors to hold on to Bills indefinitely without communicating their decision to the House.

 

What can be done if Governors hold on to Bills indefinitely?

• Role of Apex Court:
  • The framers of the Constitution would never have imagined that Governors would sit on Bills indefinitely without exercising any of the options given in Article 200.
  • This is a new development that needs new solutions within the framework of the Constitution.
  • So, it falls to the Supreme Court to fix a reasonable time frame for Governors to take a decision on a Bill passed by the Assembly in the larger interest of federalism in the country.
• Role of Union Government:
  • Article 355 of the Constitution says that it shall be the duty of the Union to ensure that the government of every State is carried on in accordance with the provisions of the Constitution.
    • If Governor does not act in accordance with the Constitution and sits on the Bills indefinitely, he is creating a situation where governance of the state cannot be carried on in accordance with constitutional provisions.
  • In such a situation, the government of the State has a constitutional duty to invoke Article 355 and inform the President about it, and request her to give suitable instructions to the Governor to ensure that the government is carried on in accordance with the Constitution.

 

 

India Egypt Relation

Why in news?

Recently, the Indian Prime Minister (PM) has visited Egypt for the first time since 1997.

Background

The history of contact between India and Egypt, two of the world’s oldest civilizations, can be traced back to at least the time of Emperor Ashoka. Ashoka’s edicts refer to his relations with Egypt under Ptolemy-II. There is also evidence of employment of South Indian women (from Malabar) in Pharaonic palaces. The sloping walls of Tughlakabad was influenced by Egyptian architecture.

In modern times, Mahatma Gandhi and the Egyptian revolutionary Saad Zaghloul shared the common goal of independence from British colonial rule.

India and Egypt signed a friendship treaty in 1955. In 1961, India and Egypt along with Yugoslavia, Indonesia and Ghana established the Non-Aligned Movement (NAM).

• Strategic Partnership Agreement: This strategic partnership focuses on four main areas: politics, defence and security; economic engagement; academic and scientific exchanges; and cultural and people-to-people contacts.
• Bilateral Trade: India’s trade with Egypt stood at USD 6,061 million in 2022-23, having declined by 17% over the previous year. Nearly a third of it was petroleum related.
• Economic Engagement: India and Egypt are exploring opportunities in the Suez Canal Economic Zone (SCZONE), which offers easy access to markets in Europe, Africa, and the Gulf.
• Defence Cooperation: In 2022, a pact was signed between the two countries that have decided to also participate in exercises and cooperate in training. Egypt has expressed interest in the Tejas Light Combat Aircraft, an Indian-made fighter jet. Joint Exercise Cyclone-I was completed in January 2023 in Jaisalmer, Rajasthan.
• Cultural Relations: The Maulana Azad Centre for Indian Culture (MACIC) was established in Cairo in 1992. The centre has been promoting cultural cooperation between the two countries.

 

Opportunities for India

• Combat Religious Extremism: India aims to combat Religious Extremism by supporting moderate countries in the region and promoting social reforms. India has identified it as a key player in the Gulf Region since it maintains a moderate stance on religion, enjoys strong relations with the UAE (United Arab Emirates) and Saudi Arabia (which have made substantial investments in Egypt).
• Strategically Located: Egypt holds a strategically significant position with the Suez Canal, through which 12% of global trade passes. By enhancing bilateral relations with Egypt, India hopes to advance its goals in the region.
• Indian Investment: Egypt seeks investments in infrastructure — Metro projects in Cairo and Alexandria, a Suez Canal economic zone, a second channel of the Suez Canal, and a new administrative capital in a Cairo suburb. More than 50 Indian companies have invested more than USD 3.15 billion in Egypt.
• Similar Socio-Economic Conditions: Egypt is a large country (population 105 million) and economy (USD 378 billion). It is politically stable, and its socio-economic conditions are quite similar to India. Egypt’s largest imports are refined petroleum, wheat (world’s largest importer), cars, corn and pharmaceuticals — all of which India has the potential to supply.
• Infrastructure Development: Moreover, the Egyptian government has an ambitious infrastructure development agenda, with 49 mega projects including the construction of a New Cairo (USD 58 billion), a USD 25 billion nuclear power plant and a USD 23 billion high-speed rail network. During 2015-19, Egypt was the world’s third-largest arms importer. These present opportunities for India.

 

Challenges:

• Economic Crisis in Egypt: The huge financial commitments of the Egyptian economy have coincided with a static economy, pandemic, global slowdown and the Ukraine conflict. Consequently, tourism has dropped and imports such as cereals have become costly. Annual Inflation is above 30% and the currency has lost more than half its value since February 2022.
• Abysmal Debt and Forex: Egypt’s foreign debt is over USD 163 billion (43% of the GDP) and its net foreign assets are minus USD 24.1 billion. The acute forex situation compelled the government to issue in January 2023 an order for the postponement of projects with a large foreign currency component and cuts to non-essential spending.
• China’s Growing Influence: India’s concerns regarding China in Egypt revolve around China’s growing economic influence, its expanding presence in strategic areas, its bilateral trade agreements, which can have potential implications for India’s regional interests and security. China’s bilateral trade with Egypt is currently at USD 15 billion, double that of India’s USD 7.26 billion in 2021-22.