Introduction
The position of the Governor in India’s federal structure has long been a subject of constitutional debate and political tension. As a constitutional head of the state, the Governor is expected to function within the boundaries laid out by the Constitution, acting mostly on the aid and advice of the Council of Ministers. However, over the years, several instances have highlighted friction between Governors and elected state governments, particularly in Opposition-ruled states. One of the most recurring areas of conflict has been the Governor’s discretionary power concerning the assent or withholding of state legislative Bills.
In a landmark judgment delivered in April 2025, the Supreme Court of India decisively ruled on the constitutional limits of the Governor’s role, especially in the context of withholding assent to Bills passed by the state legislature. This ruling, which came in response to the Tamil Nadu Governor R.N. Ravi’s decision to withhold assent to 10 Bills, has clarified a significant ambiguity in Article 200 of the Constitution. The judgment reaffirms democratic principles, checks arbitrary discretion, and strengthens the autonomy of state legislatures within the federal structure.
Why in News?
The Supreme Court recently struck down the Tamil Nadu Governor’s decision to withhold assent to 10 Bills passed by the state legislature and later referred to the President for consideration. The Court held that this action was illegal and unconstitutional, especially because these Bills had already been reconsidered and re-passed by the Tamil Nadu Assembly.
This verdict has far-reaching implications as it resolves a long-standing constitutional ambiguity and prevents the misuse of the Governor’s office to delay or obstruct state legislation, particularly in Opposition-ruled states. The ruling is also expected to impact similar pending disputes, such as the delay by the Kerala Governor in granting assent to Bills, and reasserts the supremacy of democratically elected legislatures in the law-making process.
Detailed Explanation of the Issue
Understanding the Role and Powers of the Governor
The Governor is appointed by the President under Article 155 of the Indian Constitution and acts as the nominal executive head of the state, with actual executive powers being vested in the elected Council of Ministers, led by the Chief Minister.
Key Constitutional Provisions:
- Article 163: States that the Governor shall act on the aid and advice of the Council of Ministers except in matters requiring discretion.
- Article 200: Specifies the Governor’s options when a Bill is presented for assent.
When a Bill is passed by the Legislative Assembly, the Governor can:
- Grant assent
- Withhold assent
- Return the Bill (except Money Bills) for reconsideration
- Reserve the Bill for the consideration of the President
The controversy arises from the lack of a specific time frame within which the Governor is required to act, leading to the practice of “pocket veto”, wherein the Governor neither assents to nor rejects a Bill.
The Tamil Nadu Case: The Trigger for the Supreme Court Judgment
In this case, Tamil Nadu Governor R.N. Ravi withheld assent to 10 Bills, which were then re-passed by the Tamil Nadu Assembly. Instead of granting assent post reconsideration, the Governor referred the Bills to the President, bypassing the legislative mandate and extending the delay.
The state government challenged this decision, arguing that the Governor was misusing his discretionary powers and acting as a parallel authority, which is constitutionally impermissible. The Supreme Court, while hearing the case, questioned the constitutional legitimacy of such actions and ultimately ruled them unconstitutional.
What the Constitution and Supreme Court Say
Interpretation of Article 200
- The Court emphasized that Article 200 uses the word “shall”, which implies a mandatory duty on the Governor to act on a reconsidered Bill.
- Once a Bill is returned and re-passed by the legislature, the Governor must give assent.
- The withholding of assent or reserving such Bills for Presidential consideration is not constitutionally valid once the Assembly has reconsidered the Bill.
Supreme Court’s Key Observations
- No Pocket Veto: The Governor cannot sit indefinitely on a Bill. He must act within a reasonable time frame.
- No Arbitrary Discretion: Discretionary powers under Article 200 must be exercised constitutionally, not arbitrarily or for political purposes.
- Re-passed Bills Must Be Assented To: The Court clearly stated that a Bill returned by the Governor and re-passed by the Assembly must be assented to. Reserving it for the President after reconsideration violates constitutional procedure.
- Governor is Not a Political Adversary: The Governor is a constitutional figure, not a rival authority to the elected government.
Past Cases That Set the Stage
- Nabam Rebia v. Deputy Speaker (2016)
- The Supreme Court ruled that Governor’s powers are limited and must be exercised on ministerial advice.
- Arbitrary use of discretionary powers goes against the spirit of responsible government.
- State of Punjab v. Principal Secretary to the Governor (2023)
- Punjab Governor delayed assent to multiple Bills passed by the AAP-led government.
- The Court reiterated that Governors cannot stall legislation using indefinite delays.
- Emphasized the need for accountability and adherence to constitutional norms.
Larger Constitutional Implications
- The ruling restores the federal balance between the Centre and the states.
- Prevents executive overreach by Raj Bhavans in states ruled by Opposition parties.
- Highlights that Governors must act as neutral constitutional heads, not political functionaries.
- Closes the loophole in Article 200 that was being exploited to indefinitely delay state legislation.
This judgment also serves as a precedent for similar pending matters, such as the Kerala Governor’s delay in giving assent to Bills. It reiterates the importance of timely legislative action and prevents the Governor’s office from becoming a tool for political obstruction.
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