Under what circumstances can the Governor reserve a state bill for the consideration of the President and why is the provision controversial? Also, discuss the reforms suggested by Panchi Commission in this regard.
Main Body
Art 199 and Art 201 mention the proviso where governor can reserve a state bill for Presidents consideration and has been highly debated. Cases of reservation of central assent for state bill: (1) Restricts freedom of trade between states (2) In any way entrust powers of HC (3) When governor deems it fit This provision is controversial because: (1) Gubernatorial Procrastination: Governor uses sheer discretion to send the bill to President. Ex - NEET Bill and Kerala Lokayukta Bill
Panchi committee recommendations: (1) Governor to give reason for sending a Bill to President (2) It should be constitutionally specified as to which bills o/the can delegate (no discretion) (3) A time limit for President to come to conclusion - accept or reject it (4) Permanent Inter state Council under Art 263 to resolve such challenges (5) Governors team should be hired and s/he should be a neutral person. Thus, above recommendations of Panchi committee would ensure that constitutional morality and cooperative federalism - two pillars of democracy are upheld.
Conclusion
Thus, above recommendations of Panchi committee would ensure that constitutional morality and cooperative federalism - two pillars of democracy are upheld.
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MEDHA ANAND
Federal Structure - Functions, Responsibilities, Devolution of Powers and Finances
Federalism
Governor's power to reserve bills; article 201
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