35.Governor Consent for bill || Union Judiciary Flashcards
According to Article 198, where can a Money Bill be introduced?
A Money Bill can only be introduced in the Legislative Assembly.
What is the similarity between Lok Sabha and Legislative Assemblies?
Both Lok Sabha and Legislative Assemblies have more power than the Legislative Council.
What is required to introduce a money bill?
Governor’s recommendation is required to introduce a money bill.
What is required for the certification of a money bill?
Speaker’s certification is required for a money bill.
What is the role of the Legislative Council despite not having the same powers as Rajya Sabha?
The Legislative Council is still a useful body.
How does the Legislative Council achieve wide representation from the state?
The members of the Legislative Council are elected or nominated from various fields.
What is the purpose of the Legislative Council in relation to hasty legislation?
The Legislative Council helps in stopping the hasty legislation of a Legislative Assembly.
How many options does the governor have under Article 200 when a bill is sent to them?
The governor has four options under Article 200.
What are the four options available to the governor under Article 200?
The options available to the governor are:
1.Assent the bill.
2.Withhold the bill.
3.Reserve it for the President (Compulsory for bills derogating powers of High Court).
4.Return the bill if it is a money bill.
What happens when a money bill is returned by the governor?
When a money bill is returned, it must be presented to the governor again, and the governor has to give the assent to the bill.
How many times can a suspension of the bill occur in the case of suspensive veto?
In the case of suspensive veto, the suspension of the bill can only happen once.
How many options does the President have when a bill is reserved for their consideration?
The President has three options when a bill is reserved for their consideration.
What are the three options available to the President when a bill is reserved for their consideration?
The options available to the President are:
1.Give assent to the bill.
2.Withhold the assent.
3.Return the bill (if not a money bill).
What happens if a bill is returned to the house after being reserved for the President’s consideration?
If a bill is returned to the house, the house has to reconsider it within six months.
What should the state legislature do if they pass the bill again with or without any amendments or changes?
If the state legislature passes the bill again with or without any amendments or changes, it must present the bill to the President again.
Is the President bound to give approval to the bill when it is presented again after reconsideration?
No, in this case, the President is not bound to give their approval to the bill, as was the case for Parliamentary bills.
What is the role of the council of ministers in relation to the governor?
The council of ministers with a chief minister aids and advises the governor.
In which situations can the governor act according to their discretion?
The governor can act according to their discretion in dealing with 6th Schedule Areas and in special provisions under Article 371A, 371B, etc. (northeastern states).
What is the Supreme Court’s interpretation regarding the governor’s actions under Article 161?
The Supreme Court has held that the governor (under Article 72, the president) should act on aid and advice to the council of ministers, as stated in various cases like the Maru Ram case.
What is the Supreme Court’s interpretation regarding the governor’s actions under Article 161?
The Supreme Court has held that the governor (under Article 72, the president) should act on aid and advice to the council of ministers, as stated in various cases like the Maru Ram case.
What was the Court’s ruling in 1974 regarding the governor’s actions?
In 1974, the Court held that in the spheres of discretion, the governor can act on their own. Otherwise, they have to act on the advice of the council of ministers.
What are the three options available to the President regarding bills reserved for their consideration?
The options available to the President are:
1.Give approval to the bill.
2.Withhold assent to the bill.
3.Ask the Governor to return the bill to the state legislature for reconsideration (Not for Money Bill).
What should the state legislature do if they pass the bill again after it has been returned by the President?
If the state legislature passes the bill again with or without any amendments or changes, it must present the bill to the President again.
Is the President bound to give approval to the bill after it has been presented again?
No, in this case, the President is not bound to give their approval to the bill, as was the case for Parliamentary bills.
What are the categories of State Bills that must be reserved for the President’s consideration?
The categories are:
I. Bills which must be reserved for President’s consideration:
(i) Bills that derogate from the powers of the High Court.
(ii) Bills related to imposition of taxes on water or electricity in certain cases.
(iii) Bills falling within clause (4) (a) (ii) of Article 360 during a Financial Emergency.
What are the specific purposes for which Bills may be reserved for President’s consideration and assent?
The specific purposes are:
II. Bills which may be reserved for President’s consideration and assent for specific purposes:
(i) To secure immunity from the operation of Articles 14 and 19.
(ii) To ensure the operation of provisions despite repugnancy to a Union law or an existing law.
(iii) To impose restrictions on trade and commerce requiring Presidential sanction.
Give an example of a specific purpose for which a Bill may be reserved for the President’s consideration.
An example is a Bill relating to a subject enumerated in the Concurrent List, ensuring the operation of its provisions despite their repugnancy to a Union law or an existing law.
What is the role of the judiciary in relation to fundamental rights?
The judiciary is the protector of fundamental rights.
What is the role of the judiciary in terms of the constitution?
The judiciary is the final interpreter of the constitution.
What is the key job of the judiciary?
The key job of the judiciary is the adjudication of disputes.