Judgment :- C.S. Rajan, J. The Kerala Legislative Assembly passed the Kerala Scheduled Tribes (Restriction on Transfer of Alienated Lands) Act 1975, which received the assent of the President of India on 11.11.1975. After two decades the above Act was sought to be amended by the Legislature by passing the Kerala Scheduled Tribes (Restriction of Transfer of Land and Restoration of Alienated Lands) Amendment Bill, 1996 on 23.9.1996. The above Bill was sent by the Governor to the President for assent as contemplated in the Constitution of India. The President returned the Bill without any message or suggestion either to amend the Bill or to reconsider the same. 2. The learned counsel for the petitioner submits that the Bill should have been returned to the Legislative Assembly and not to the Executive. The learned counsel submits relying on the Press Reports that the Government is contemplating of bringing forth another legislation in the place of the one which was passed and was returned by the President. The learned counsel also argues that the action of the Executive in coming with another Bill is without jurisdiction. For that purpose, he relies on Arts.200 and 201 of the Constitution which reads as follows: "200. Assent to Bills:- When a Bill has been passed by the Legislative Assembly of 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 and the Governor shall declare it her that he assents to the Bill or that he with holds assent therefrom or that he reserves the Bill for the consideration of the President". Provided that the Governor may, as soon as possible after the presentation to Win of the Bill for assent, return the Bill if it is not a Money Bill together with a message requesting that the House or Houses will reconsider the B ill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message and, when a Bill is so returned, the House or Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the House or Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent therefrom.
Provided further that the Governor shall not assent to, but shall reserve for the consideration of the President, any Bill which in the opinion of the Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill. 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 Billor that he withholds assent therefrom: Provided that, where the Bill is nota Money Bill, the President may directed 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 Art.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." Art.200 mandates that a Bill which was passed by the Legislature shall be presented to the Governor and the Governor shall either declare that he assents to the Bill or withholds assent or reserves the Bill for the consideration of the President. The Governor may return the Bill (other than the money bill) together with a message requesting the Legislature to reconsider the Bill. When a Bill is so returned, the Legislature shall reconsider the Bill accordingly. 3. Under Art.201 of the Constitution, the President shall either give assent to the Bill or withhold assent for the Bill. The President can also direct the Governor to return the Bill to the House, together with a message to reconsider the Bill as a whole or any specific provision in particular. When a Bill is returned in such circumstances, the Legislature shall reconsider it accordingly, within a period of six months. 4. The learned Government Pleader submits that the Bill has been returned by the President without any message as contemplated in the first proviso to Art.200 of the Constitution.
When a Bill is returned in such circumstances, the Legislature shall reconsider it accordingly, within a period of six months. 4. The learned Government Pleader submits that the Bill has been returned by the President without any message as contemplated in the first proviso to Art.200 of the Constitution. The Bill is returned to the Legislature only in cases where it is accompanied by a message from the President either to reconsider the Bill as a whole or to make any amendment to any specified provisions. In the absence of such a message, the Bill need not be presented again before the Legislature. In such circumstances, it is open for the Government to introduce a new legislation in the place of the one which was sent back by the President. 5. Considering the above two Articles, I think that the learned Government Pleader is right in contending that the Bill is returned to the Assembly only if there is a message from the President as contemplated in the proviso to Art.200. This is because the President sends a message containing a request to reconsider the Bill or any specified provisions thereof or the desirability of introducing any amendments as the President may recommend in his message. Both the provisos to Arts.200 and 201 specifically state that if the Bill is so returned, the House shall reconsider the Bill accordingly. Therefore, it is quite clear that unless there is a request from the President to reconsider the Bill as indicated in the proviso to Art.200, there is no necessity to present the Bill again before the Legislative Assembly. In all other cases, the Government is free to introduce any other legislation in the place of the one for which the assent was refused by the President. Therefore, I do not find any reason to give any direction to the Government or to the Legislature as prayed for in this Original Petition. The Original Petition is devoid of any merit and is dismissed.