SC’s Ruling on Governor Powers

The Supreme Court of India has ruled that the Governor of Tamil Nadu, RN Ravi, acted illegally by withholding assent to 10 Bills passed by the State Assembly, instead of forwarding them to the President or returning them for reconsideration in due time. This ruling clarifies the limited role of the Governor in the legislative process and reasserts the primacy of the elected State Government in a parliamentary democracy.

Key Points from the Supreme Court Judgment

• No Discretion Under Article 200: The Governor must act on the aid and advice of the Council of Ministers. Article 200 does not grant discretion to the Governor beyond the limited constitutional options.
• Governor's Options Under Article 200: When a Bill is presented, the Governor can:
  • Give assent.
  • Withhold assent.
  • Return it to the Assembly for reconsideration (if not a Money Bill).
  • Reserve it for the President’s consideration.
• Once the same Bill is passed again by the Assembly, the Governor must give assent (unless the Bill is materially different).

• Withholding Assent Indefinitely is Unconstitutional: The Court said "pocket veto" (delaying assent indefinitely) or "absolute veto" (refusal without reason) is not permitted under the Constitution.
• Timelines Set by Court:
  • 1 month: If the Governor withholds assent in accordance with the State Government’s advice.
  • 3 months: If the Governor withholds or reserves a Bill against the advice of the State Government.
  • 1 month: If the Assembly passes the Bill again after reconsideration, the Governor must give assent.
• Judicial Remarks on Governor’s Role: The Governor must respect constitutional conventions. The office should act as a "friend, philosopher and guide", not as a source of conflict or delay. The role is to facilitate governance, not obstruct it.

What is the process of granting assent?

• Assent of the Governor or the President is necessary for a Bill passed by the legislature to become law. After a Bill is passed by both Houses of the State Legislature, it is presented to the Governor for assent.
• Governor’s Options (Article 200): The Governor has the power to:
• Grant Assent: The Bill becomes law.
• Withhold Assent: The Governor can withhold assent, but it must be returned to the Legislative Assembly for reconsideration.
• Return for Reconsideration (except Money Bills): If the Governor returns the Bill, the Legislature can amend it. If re-passed, the Governor must assent.
• Money Bills are automatically deemed assented to by the Governor.

• Reserve for President’s Consideration (Article 201): If the Governor believes the Bill affects the Constitution or has national importance, it can be reserved for the President’s consideration.
• Discretionary Powers: The Governor can withhold assent if the Bill is against national interests, violates the Constitution, or conflicts with Union laws, though this power is not absolute.
• Article 167: The Governor may require the Chief Minister to communicate decisions of the Council of Ministers, including Bills pending for assent.
• No Timeline for Decision: There is no specified timeline within which the Governor must act, often leading to delays or a "pocket veto."
• The Sarkaria Commission (1988) and the National Commission to Review the Working of the Constitution (2000) recommended time limits for granting assent (e.g., 6 months for assent, 3 months for President’s decision). There are ongoing debates on enforcing such timelines.
• Judicial Review: The Supreme Court has held that if the Governor’s decision to withhold assent is found to be mala fide (in bad faith), it can be subject to judicial scrutiny and struck down. Courts can review such actions for constitutionality (Rameshwar Prasad, 2006).