It is now close to two week but the Raj Bhavan has not reacted to the controversial Bihar Prohibition and Excise Bill, 2016. After its passage from the bicameral legislature on August 1, the Bill had been sent to the Governor for his assent in order to convert it into an Act. Governor Ramnath Kovind is taking time to study and seek legal and constitutional opinion on various provisions of the Bill.
If sources are to be believed, the Governor is contemplating to refer the Bill to the President for his consideration. Under the Constitution the Governor can “reserve a Bill for the assent of the President.”
In all 13 Bills had been forwarded to the Governor of which he has signed only a couple, both Money Bills. The delay in giving his assent to the Prohibition Bill has raised suspicion that Raj Bhavan was not pleased with certain provisions in the Bill which have elicited all-round criticism.
The Governor has already been urged by the BJP lawmakers not to give his assent to the “draconian” and “Talibani” Bill for some of its scary provisions. They requested that the Governor should prevail upon the Government to make necessary amendments. Outspoken RJD leader Raghubansh Prasad Singh also urged the Governor not to give his nod on this controversial Bill.
Kovind, himself a lawyer with four decades of career practising in Delhi High Court and Supreme Court, seems not in haste. There are indications that he might refer the Bill to the Rashtrapati Bhavan for the consideration of the President. Former Advocate General P K Shahi told The Pioneer that Governor has constitutional option to send any Bill to the President. But in practice such Bills are referred to the Government of India through the Ministry of Home Affairs.
The President in turn can direct the Governor to return it to the legislature for its reconsideration. In that case the legislature is bound to reconsider the Bill or pass it without any change and forward it to the President. Still it would not be obligatory for the President to give his assent. Under the Constitution, the President and Governors have powers to either give their assent to any Bill passed by the lawmakers or withhold it from becoming law.
Raj Bhavan sources said that the Governor has sought the opinion of the constitutional and legal experts on the possible implications of the Bill becoming and Act. Many legal experts have already opined that some provisions of the Prohibition Bill if challenged in the court would not stand judicial scrutiny. The Raj Bhavan is empowered to hold any Bill for unlimited period without assigning any reason.
Senior BJP leader and former Deputy Chief Minister Sushil Kumar Modi said his party was totally against the “draconian” provisions of the Bill like arrest of all adult family members if a bottle of liquor is seized from a house, confiscation of the properties and imposition of collective fine which reminded of Colonial era. “Who will give the guarantee that this law will not be misused and innocent people not be harassedIJ” he asked. Another BJP leader and Chairman of Public Accounts Committee Nand Kishore Yadav said his party was in favour of total prohibition but not at the cost of frightening the people. “We are nobody to advise the Governor but have urged him to use his wisdom,” he added.