: Bills on Concurrent List subjects trigger Raj Bhavan-state govt tiffs in WB #IndiaNEWS #National <br>During Dhankhars tenure the quarrels were a mix of political and administrative issues.

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Bills on Concurrent List subjects trigger Raj Bhavan-state govt tiffs in WB #IndiaNEWS #National
<br>During Dhankhars tenure the quarrels were a mix of political and administrative issues. The signs are that the possible spats between the two institutions in the coming days will be purely over administrative and constitutional issues, where the Governors assent to certain bills passed by the state assembly will be the focal points.
Constitutional experts feel that the provisions related to the Governors assent to bills passed by the legislative assembly has certain undefined areas which aid the process of things getting complicated.
According to constitutional expert Rajagopal Dhar Chakraborty, while some opposition parties who are also ruling in some states, might choose to take the legal route against the Governors decision to hold back any bill passed by the legislative assembly, the reality is that the Constitution has given the Governor immunity from legal proceedings in this matter.
According to Article 200 of the Indian Constitution, once a bill passed by a legislative assembly is sent to the Governor, the latter can either give his assent to the bill or send it back to the legislative assembly for reconsideration. However, if the legislative assembly sends the bill again without any change, in that case the Governor has no option but to give his assent, he explained.
However, he added, there are two catches in the process. There is no specific time frame for the Governor by when he will take a decision on a particular bill i. e. , whether to give assent or send it for reconsideration. In that case the bill remains pending at the Governor House for a prolonged period and in that case the only option for the state government is to persuade the Governor to take a decision on this count, Dhar Chakraborty explained.
Secondly, he added, the Governor might neither give assent nor send it back for reconsideration and instead send the bill to the office of the President for the latters views in the matter. The Governor can adopt this third approach if he feels that the particular bill passed by the legislative assembly is against a central Act on the same subject. In West Bengal, you will see that the majority of bills that are in question or pending because of the non-availability of the Governors assent are related to subjects that are in the concurrent list, he said.
Explaining the legal nitty gritty on this count senior counsel Kaushik Gupta said in case of subjects in the concurrent list, which can be legislated both by the Parliament and the legislative assemblies, if any state act goes against the central Act on any subject, the central Act will prevail. So often Governors refuse to give assent to such bills passed by the assembly when he feels that if the bill turns into an act, then it might collide with the central Act in the same matter, Gupta said.

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