The Governor‘s Assent: An executive, Not Legislative, Act
The core principle established by the Constitution is that discretionary power, as existed under the 1935 Act, should not influence its interpretation. The Governor’s role regarding Bills is largely defined by a duty to act on the advice of the Council of Ministers. Article 200 outlines this, requiring the Governor to follow ministerial advice when deciding whether to assent to, withhold assent from, return for reconsideration, or reserve a Bill for Presidential consideration. The only exception lies in the second proviso to Article 200, allowing discretion only when a Bill potentially undermines the high Court’s constitutional position.While the Governor is part of the State Legislature (Article 168), the act of assenting to a Bill under Article 200 is not a legislative power. Instead, it is fundamentally an exercise of the State’s executive power, albeit one with legislative effect - the declaration that a Bill has become law.
The Constitution clearly delineates legislative power in Chapter IV, with Article 213 covering the promulgation of Ordinances, which also requires the Council of Ministers’ advice. A seven-judge bench ruling in Shamsher Singh confirmed that all other Governor’s powers are executive. Even though Article 200 appears under the heading “Legislative Procedure,” a Bill requires full legislative approval to become law.
As executive power resides with the Government (Article 154),the Governor’s assent functions as a formal certification,made on the advice of the legislature.The Governor, though part of the legislature, cannot participate in its proceedings – lacking voting rights or the ability to deliberate (Article 158(1)). Moreover, the Governor’s communication with the legislature (Articles 175 & 176) and powers under Articles 200, 201, and 257(1) are all exercised on ministerial advice.
