The Governor‘s Assent: An executive, Not Legislative, Act
The core principle established by the Constitution is that discretionary power, as existedโ under the 1935 โAct, should not influence its interpretation. The Governor’s role regarding Bills โis largely defined by a duty to act on the advice of the Council of Ministers. โArticle 200 outlines this, requiring the Governor to follow ministerial advice when deciding whether to assent to,โฃ withhold assent from, returnโ for reconsideration, or reserve a Bill for Presidential consideration. The โonly 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 โthe State Legislature (Article 168), the act of assenting โขto โa Bill under Article 200 is not aโค legislative power. Instead, it is fundamentally an exercise of โฃthe State’s executiveโ power, albeit one with legislative effect โค- the declaration thatโฃ a โฃBill has become law.
The Constitution clearly delineates legislative power in Chapter IV, with Article 213 covering theโ promulgation of Ordinances, which also requires the Council โof Ministers’ advice. A seven-judge bench ruling in Shamsher Singh confirmed โคthat all other Governor’s powers are executive. Even though Article 200 appears under the heading “Legislative Procedure,” a Bill requires full legislative approvalโ to become law.
As executive power resides โฃwith the Government (Article 154),the Governor’s assent functions as a formal certification,made on the advice โขof the legislature.The Governor, though part of the legislature, cannot participate in its proceedings – lacking votingโฃ rights or the ability to deliberate (Article 158(1)). Moreover, the Governor’s communication with the legislature (Articles 175 & 176) and powers โunder Articles 200, 201, and 257(1) are all exercised on ministerial advice.