The Supreme Court (SC) of India, in the State of Tamil Nadu vs. Governor of Tamil Nadu, clarified that Governors  must act on state bills in a time-bound manner, following the aid and advice of the council of ministers, as per Article 200, without independent discretion. 

What is the SC’s Verdict on Governors’ Role in State Bills? 

• Case Background: The Tamil Nadu Governor withheld assent to 10 Bills, delaying action under Article 200. The state government challenged this, citing constitutional violations and governance disruption. 
  • After the Governor withheld assent, the Tamil Nadu Legislative Assembly re-enacted the Bills and sent them back. Instead of granting assent or returning them with comments, the Governor referred them to the President. 
• SC’s Verdict: SC termed the Tamil Nadu Governor’s referral of re-enacted Bills to the President as “erroneous in law.”  
  • The Court ruled that there is no concept of "absolute veto" or "pocket veto" under Article 200 and stated that governors cannot indefinitely delay action on bills. 
    • SC noted that Governors are bound to follow the advice of the Council of Ministers. 
  • SC ruled that Governor must give assent to a bill when a bill is presented to him after re consultation in state assembly and he can only refuse assent when the bill is different. 
    • The SC prescribed clear timelines for Governors when dealing with Bills with one month to withhold assent, three months if doing against State Cabinet advice, and one month for Bills re-presented after reconsideration. 
• Implications: The Supreme Court ruling curbs the misuse of gubernatorial discretion to stall state legislatures, reaffirming that Governors are constitutional heads, not political actors.  
  • It emphasizes the primacy of the legislative process and limits executive overreach.  
  • The judgment sets a precedent for similar cases in states like Kerala, West Bengal, Telangana, and Punjab, where Governors have delayed assent to Bills. 

What are the Constitutional Powers of a Governor with Respect To Bills? 

• Article 200: The Governor has significant powers when dealing with Bills passed by the State Legislature. Upon receiving a Bill, the Governor can take one of the following actions: 
  • Grant Assent: The Governor may approve the Bill, allowing it to become law. 
  • Withhold Assent: The Governor has the authority to refuse assent to the Bill. 
  • Return for Reconsideration: The Governor may send the Bill back to the State Legislature for further review and reconsideration. 
  • Reserve for the President’s Consideration: In certain cases, the Governor can reserve the Bill for the President’s approval, especially if the Bill concerns matters of national importance or conflicts with central laws. 
• Article 201: If the Governor reserves a Bill for the President's consideration, the President holds the final say on the matter. The President has the option to: 
  • Grant Assent: The President can approve the Bill, making it law. 
  • Withhold Assent: The President may choose to withhold assent to the Bill.  
    • For non-Money Bills, if the President withholds assent, the President can direct the Governor to send the Bill back to the Legislature for reconsideration.  
    • The Legislature is required to act within six months. If the Bill is passed again, it must be resubmitted to the President for final approval. 
• Article 207: No Money Bill can be introduced in the assembly without the recommendation of the Governor of the State.

What are the Key Committees and their Recommendations Related to the Governor?