Question

Consider the following statements regarding the Centre’s control over state legislation.

(i) The President enjoys an absolute veto over state bills reserved by the Governor for his consideration.
(ii) During a financial emergency, the Centre can direct states to reserve all bills for the President’s consideration.
(iii) Non-compliance with the Centre’s directions under Article 365 can lead to the imposition of President’s rule under Article 356.

• A. (i) and (iii) only
• B. (ii) and (iii) only
• C. (i) and (ii) only
• D. All of the above

Answer 1

Answer:

A. (i) and (iii) only

Centre’s Control Over State Legislation: A Detailed Analysis

• The Indian Constitution establishes a federal system with a strong unitary bias, granting the Centre significant control over state legislation to maintain national unity and administrative efficiency.
• This control is exercised through various mechanisms, including the Governor's role, President's assent, and provisions for emergencies.

Statement (i): The President enjoys an absolute veto over state bills reserved by the Governor for his consideration.

• Correct. When a State Bill is reserved by the Governor for the President's consideration (under Article 200), the President has three options under Article 201:
  • Give assent to the bill.
  • Withhold assent from the bill.
  • Direct the Governor to return the bill to the state legislature for reconsideration.
• If the President withholds assent, the bill does not become law. There is no provision in the Constitution for the state legislature to override the President's veto if he withholds assent from a reserved state bill.
• This effectively makes the President's veto an absolute veto for state bills, unlike his suspensive veto power over central bills (where Parliament can override it with an ordinary majority).

Statement (ii): During a financial emergency, the Centre can direct states to reserve all bills for the President’s consideration.

• Incorrect. During a Financial Emergency (Article 360), the Centre can issue directions to states regarding financial matters.
• Article 360(4)(a)(ii) specifically states that any Money Bill or other Bill to which the provisions of Article 207 apply (i.e., bills involving expenditure from the Consolidated Fund of the State) passed by the State Legislature shall be reserved for the consideration of the President.
• The phrase 'all bills' in the statement is incorrect; the directive applies specifically to Money Bills and financial bills, not every type of bill passed by the state legislature.

Statement (iii): Non-compliance with the Centre’s directions under Article 365 can lead to the imposition of President’s rule under Article 356.

• Correct. Article 365 states: “Where any State has failed to comply with, or to give effect to, any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution.”
• This article provides a specific ground for the imposition of President’s Rule (State Emergency) under Article 356, which is invoked when the constitutional machinery in a state breaks down.
• Therefore, if a state fails to comply with the lawful directions of the Union government, it can be considered a situation where the state government cannot function constitutionally, paving the way for President's Rule.

Key Takeaways for Competitive Exams:

• Article 200 & 201: Governor's power to assent, withhold assent, or reserve bills for the President; President's assent to reserved bills.
• President's Veto: Absolute veto for state bills, suspensive veto for ordinary Union bills, no veto for constitutional amendment bills.
• Article 360: Financial Emergency, directives to states on financial propriety, reservation of state Money Bills/financial bills.
• Article 365: Consequence of non-compliance with Union directives – a specific ground for President's Rule.
• Article 356: President's Rule or State Emergency.