In a major constitutional development, the Supreme Court on Tuesday, July 22, 2025, asked the Central Government and all state governments to submit their views on a presidential reference that questions whether specific time limits can be set for handling bills passed by state assemblies.
A five-judge Constitution Bench, led by Chief Justice of India BR Gavai, noted that the matter has implications for the entire nation. The bench gave the Centre and states one week to respond and scheduled the next hearing on July 29 to deliberate on the proposed timelines and related procedures.
The Supreme Court on July 22 issued formal notice to the Central government and all the States in the Presidential reference case on whether the Court can lay down timelines and procedures for the President and State Governors when considering Bills passed by State legislatures.… pic.twitter.com/D9Eraqi21j
— Bar and Bench (@barandbench) July 22, 2025
Articles 200 and 201 of the Indian Constitution played an important role in the legislative role of the Governor and the President in the process of state lawmaking. These provisions ensure that every bill passed by a State Legislature undergoes constitutional scrutiny before becoming law. Article 200 empowers the Governor to give his assent to a bill, withhold the bill, return it, or reserve the bill for the President's consideration, depending on its nature and implications. Article 201 then details the President’s powers regarding such reserved bills. Together, these articles form a critical part of Centre-State relations, enabling federal oversight while preserving state autonomy. Their application helps prevent unconstitutional, conflicting, or politically sensitive laws from being enacted at the state level without national review.
These provisions detail the powers of the Governor and the President in the legislative process, ensuring checks and balances while respecting the will of the people.
Understanding Article 200: Assent to Bills
Article 200 is used by the Governor when a bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both houses of the Legislature of the state. It shall be presented to the Governor to give his assent to the bill or withhold the bill. He has some options, which are provided to him by Article 200, which are:
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Grant Assent: The Governor can approve the bill, making it an act.
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Withhold Assent: The Governor can withhold assent to the bill and may choose not to sign, effectively vetoing the bill.
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Reserve for the President’s Consideration: If a bill potentially impinges on the powers of the High Court or touches upon central interests, the Governor can refer it to the President for further scrutiny.
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Return the Bill for Reconsideration: For bills that are not Money Bills, the Governor can send them back to the legislature (accompanied by recommended changes) for a second look. If the legislature passes the bill again—whether modified or unchanged—the Governor must then give assent.
What is Article 200?
When a bill gets clearance from all its legislative processes in a state, then that bill must be presented to the Governor to make it act. The Governor can either assent to it, withhold assent, or reserve it for the President’s consideration. Non-Money Bills can also be sent back for the legislature’s reconsideration, but if resubmitted, the Governor is then bound to approve them. In any instance where a bill threatens to weaken the powers of the state's High Court, it must be reserved for the President.
What is the significance of Article 200?
The significance of Article 200 is:
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Article 201 ensures that critical bills receive appropriate legal and constitutional scrutiny.
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It also establishes a system of review and reconsideration, especially for bills of broader national impact or those that may alter judicial powers.
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It creates a mechanism where the democratic will of the legislative majority is balanced with oversight from the executive.
Article 201: President’s Decision on Reserved Bills
When a bill is reserved by the Governor for the consideration of the President, then Article 201 of the Indian Constitution provides the power to the Indian President to shall declare either assent to the bill or withhold assent therefrom. All its options given under Article 201 are given below in detail:
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Presidential Assent or Withholding: The President can either approve the bill, making it law, or withhold approval, effectively vetoing it.
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Return for Legislative Reconsideration: If the bill is not a money bill, the President may direct the Governor to send it back, along with recommendations, for the state legislature to reconsider its provisions. If resubmitted, the process repeats until a decision is made.
In simple terms, what is Article 201?
Whenever a bill is reserved for the President by the Governor, the President must declare either assent or rejection. For Non-Money Bills, the President can return the bill to the State Legislature for reconsideration. After resubmission and reconsideration, the President decides whether to give assent or not.
What is the significance of Article 201?
The Significance of Article 201
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Strengthens the role of the Centre to ensure uniformity in crucial aspects of governance and law.
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Safeguards constitutional values by allowing a second round of scrutiny—especially for matters affecting the judiciary or national interest.
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Addresses the possibility of legislative overreach or conflict with constitutional mandates.
Contemporary Issues and Judicial Scrutiny
In recent years, the use (and perceived misuse) of the Governor’s powers under Article 200, particularly the indefinite delay in granting assent to bills, has sparked legal debates. The Supreme Court and various state governments have grappled with the boundaries of these powers, emphasising the need for timeliness and accountability in the process. Several amendments and court rulings have sought to clarify these provisions, ensuring that executive discretion does not stymie the democratic process.
Conclusion
Articles 200 and 201 are the most important in India’s legislative system at the state level. These two articles ensure that the bill passed in state legislatures or state councils makes the consideration of the bill to be given assent, withheld, reserved, or returned. All these procedure , whether that bill will be passed and become an act or simply return, depend on these bills only. These provisions are crucial to appreciating how Indian democracy balances autonomy, scrutiny, and accountability at every step of lawmaking.
Quick Reference Table of Articles 200 and 201
Article | Who Acts? | What Can Be Done? | Purpose/Focus |
Article 200 | Governor |
| It will be immediate scrutiny and checks for state bills |
Article 201 | President |
| National-level oversight, especially for bills affecting the judiciary or central subjects |
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