Kerala Government Is Challenging President’s Power In The Supreme Court

Kerala Government Is Challenging President’s
Power In The Supreme Court
The Kerala Government is challenging President Droupadi Murmu’s power of withholding the bill
passed by the Kerala State Legislature. This matter is now being discussed in the Supreme
Court of India. Supreme Court’s judgment is much awaited because it may give a new direction
to how bills are being passed in India and even shape the future discourse of actions.

There were two committees created named Sarkaria Commission (1987) and Punchhi
Commission (2010) both of them suggested there is an urgent need to bring reforms in how the
President and Governor exercise their power regarding assent of bills passed by the Union and
State Legislature respectively. But more important than that is the time frame within which they
make the decision.

Till now their recommendations have not been implemented. And there is also a rising question
of how far the Supreme Court can exercise its power of judicial review to make changes in the
working of the legislature.

FAQs
What Are The Constitutional Provisions Regarding Withholding The Bills?
Two articles deal with constitutional provisions regarding dealing with bills passed in the state
legislature:

1. Article 200 of the constitution says that any bill passed by the State Legislature which
then goes to the Governor for approval, the Governor has the following powers to deal
with the bill:
a) He may give consent to the bill.
b) He may withhold assent to the bill.
c) He may return the bill for reconsideration.
d) He may reserve the bill for consideration by the President.

2. Article 111 of the constitution provides similar powers to the President like the Governor in
case both the Houses of Parliament pass a bill. He has to give consent to the bill or withhold it.