The Constitution of India
Article 201
Bills reserved for consideration
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, as the case may be, the Houses of the Legislature of the State together with such a message as is mentioned in the first 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.
Why this exists
This Article was designed to give the Union government, through the President, a check on state legislation in specific situations — such as Bills affecting national interests, constitutional validity, or matters requiring central coordination. It mirrors the President's power over Union laws under Article 111 but adds a reconsideration step (similar to Article 200's proviso) to ensure the elected state legislature gets one chance to respond to the President's concerns before a final decision is made, balancing federal oversight with state legislative autonomy.
How courts read it
Courts have generally treated the President's power under Article 201 as discretionary, exercised on the aid and advice of the Union Council of Ministers, similar to the Governor's role under Article 200. However, the Article does not fix any time limit for the President to act, and this silence has drawn judicial and public attention in recent years — notably in disputes involving Bills reserved by the Governors of Tamil Nadu and Kerala (2023–2024) — where courts and commentators raised concerns that indefinite delay could amount to an effective 'pocket veto,' undermining the legislative process. These matters have prompted debate but no settled binding precedent fixing a specific deadline.
Common misconceptions
- Myth: The President can send a Bill back to the state legislature as many times as they want.
Fact: The proviso allows only one round of reconsideration; after the Bill is passed again and returned, the President must make a final decision. - Myth: Article 201 fixes a time limit within which the President must decide.
Fact: The text sets no deadline for the President's decision, which has caused real disputes about long delays in practice.