Why in News?
The Karnataka Governor has reserved the Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025 for the President’s assent, citing constitutional and legal concerns. This brings focus on the Governor’s discretionary powers under the Indian Constitution.
Constitutional Provisions related to governor assent:
In the Indian Constitution, the primary provisions regarding a Governor’s assent to bills passed by the State Legislature are found in Articles 200 and 201. These articles outline the Governor’s choices and the subsequent role of the President
Article 200:
When a Bill is presented, the Governor has four main options:
- Grant Assent: The bill becomes law.
- Withhold Assent: The bill does not become law; however, recent rulings state this cannot be used indefinitely (the “pocket veto”).
- Return the Bill: Non-money bills can be returned for reconsideration “as soon as possible”. If re-passed by the legislature, the Governor must give assent.
- Reserve for President: Mandatory if the bill threatens the High Court’s position, or discretionary if it violates the Constitution, DPSP, or national interest.
Article 201:
When a Bill is reserved, the President may assent, withhold assent, or return it for reconsideration (non-money bills). Unlike the Governor, if the state legislature re-passes a bill returned by the President, the President is not obliged to grant assent
Grounds for Reservation of Bills:
he Governor may reserve a bill. If the bill
- Endangers the High Court’s powers
- Is against constitutional provisions
- Falls under matters requiring prior presidential sanction