The Punjab government has challenged the Governor’s decision to send a reference to the President under Article 200, while the Union government has sought the Supreme Court’s nod to refer the matter to a five-judge constitutional bench.
New Delhi: Advocate Kanu Agrawal informed the Supreme Court that the Union government has filed an application asking for the matter to be referred to a five-judge bench.
He told the court that the Punjab government is challenging the Governor’s act of sending a reference to the President under Article 200 of the Constitution, and now the state government also wants to know the reasons for making such a reference.
During the hearing, the Chief Justice of India observed that the court would examine the case only after the Presidential reference is dealt with.
In response, Kanu Agrawal clarified that “it was a separate issue” and made a request to the court for an early listing of the matter. He asked that it be taken up before 19 August.
The Chief Justice of India agreed to this request.
Article 200 of the Constitution of India deals with the powers of a Governor when a Bill passed by the State Legislature is presented to them for assent.
When a State Legislature passes a Bill, it is sent to the Governor.
The Governor can:
- Give assent – The Bill becomes law.
- Withhold assent – The Bill is rejected.
- Return the Bill (if it’s not a Money Bill) – The Governor can send it back to the legislature with suggestions. If the legislature passes it again (with or without changes), the Governor must give assent.
- Reserve the Bill for the consideration of the President – This is mandatory in certain cases (like Bills affecting the powers of the High Court), and optional in others if the Governor thinks it is necessary.