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MEDHA ANANDAIR 13· 2023

Question 14GS2GS2

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.

Open scan (p.35)

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

2Source of misuse between elected government and Governor, as it often leads to inordinate delay (3) Stalls democratic process (4) Lack of suspensive Veto - President cant give assent to it even after it reaches to him twice (5) Affect separation of power - Executive stalls legislative process (6) Issues with governors discretion - s/he is often seen as centre's agent and leads to mistrust. (7) Leads to state becoming puppet in the hands of the centre, specially misused when there are different parties at centre and in state. (8) Specially misused when there are different parties at centre and in state.

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.

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Conclusion

Thus, above recommendations of Panchi committee would ensure that constitutional morality and cooperative federalism - two pillars of democracy are upheld.

21 words

Topper

MEDHA ANAND

AIR 132023

Subject & Paper

GS2GS2

Topic

Federal Structure - Functions, Responsibilities, Devolution of Powers and Finances

Federalism

Governor's power to reserve bills; article 201

Writing Stats

293

Total words

1

Paragraphs