Article 201 of the Costitution of India with Case law
🔹 Article 201 of the Constitution of India: Bills Reserved for Consideration of the President
📜 Text of Article 201:
"When a Bill is reserved by a Governor for the consideration of the President, the President shall declare either that he assents to the Bill or that he withholds assent therefrom:
Provided that, where the Bill is not a Money Bill, the President may direct the Governor to return the Bill to the House or Houses of the Legislature of the State together with such a message as is mentioned in the proviso to Article 200; and when a Bill is so returned, the House or Houses shall reconsider it accordingly within a period of six months from the date of receipt of such message and, if it is again passed by the House or Houses with or without amendment, it shall be presented again to the President for his consideration."
🧾 Explanation:
Article 201 applies when a Governor reserves a Bill passed by the State Legislature for the President's consideration under Article 200.
The President can:
Give assent to the Bill,
Withhold assent, or
Return the Bill (if not a Money Bill) for reconsideration by the State Legislature.
If returned and re-passed by the Legislature, it is sent back to the President, who cannot return it again and must either assent or withhold.
⚖️ Important Case Laws on Article 201:
1. Kaiser-I-Hind Pvt. Ltd. v. National Textile Corporation, (2002) 8 SCC 182
The Supreme Court observed that President’s assent is not a mere formality.
It converts a Bill into law, and when a Bill is reserved, the President exercises legislative authority, guided by the Union Cabinet.
2. Gram Panchayat of Village Jamalpur v. Malwinder Singh, (1985) 3 SCC 661
The Court held that once Presidential assent is given, it cannot be challenged on the ground of procedural lapses before such assent.
Emphasized the finality and authority of assent under Articles 200/201.
3. Hoechst Pharmaceuticals Ltd. v. State of Bihar, (1983) 4 SCC 45
Discussed in detail the legislative competence of the State and how Presidential assent cures repugnancy with Central law under Article 254(2).
Reinforces that assent under Article 201 plays a constitutional role in state-centre legislative balance.
4. Shamsher Singh v. State of Punjab, AIR 1974 SC 2192
Though primarily about executive powers, it held that Governor and President must act on the aid and advice of the Council of Ministers.
So, under Article 201, the President acts on the advice of the Union Council of Ministers, not personal discretion.
🗂️ Related Provisions:
| Article | Subject |
|---|---|
| Article 200 | Governor's powers with respect to State Bills |
| Article 254(2) | Repugnancy and effect of Presidential assent on conflicting State laws |
📌 Key Takeaways:
| Aspect | Details |
|---|---|
| Trigger | When Governor reserves a Bill for President’s consideration (Article 200) |
| Presidential options | 1. Assent, 2. Withhold assent, 3. Return (if not a Money Bill) |
| Return provision | Can return once; if re-passed, must assent or withhold (no second return) |
| Advice-bound | President must act on advice of the Union Cabinet |
| Constitutional purpose | Ensures Centre’s check on State legislation |
RELATED Blog
0 comments