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UPSC » Daily News Analysis ‘Governor’s Conduct of Delaying the Assent to Bills is Unconstitutional: Supreme Court’ : 9 April

Daily News Analysis ‘Governor’s Conduct of Delaying the Assent to Bills is Unconstitutional: Supreme Court’ : 9 April

Table of Content

Timeline of Events:

  • Before Nov 2023: Tamil Nadu Assembly passed 10 Bills and sent them to Governor R.N. Ravi for assent.
  • No action taken: The Governor delayed assent for several months.
  • Nov 18, 2023: TN Assembly re-passed the same 10 Bills in a special session without any amendments.
  • Nov 28, 2023: Governor referred the 10 re-passed Bills to the President, without taking any decision himself.
  • President’s response: Assented to 1 Bill, rejected 7, and ignored 2.
  • TN Government moved the Supreme Court. 
  • April 8, 2025: The Supreme Court gave its landmark judgment.

Key Judgement Points :

  • Governor’s Conduct Was Unconstitutional: SC declared the Governor’s inaction and referral of re-passed Bills as arbitrary and unconstitutional.
  • Deemed Assent to 10 Bills: Using Article 142, SC deemed all 10 Bills as assented, overturning the President’s partial action.
  • No Pocket Veto Allowed: Governors cannot sit indefinitely on Bills. There is no provision for a “pocket veto” in Article 200.
  • Fixed Time Limits for Governors: SC imposed deadlines on Governors to act on Bills-
    • 1 month to assent or withhold on Cabinet advice.
    • 3 months to return a Bill with reasons.
    • 3 months to reserve it for the President.
    • 1 month to assent to a re-passed Bill.
  • Governor Must Follow Cabinet Advice: Except in limited constitutional cases, the Governor must act on the advice of the State Cabinet.
  • Judicial Review of Delays: Delays beyond time limits will now be subject to judicial review.
  • Article 200 Requires Urgency: The phrase “as soon as possible” in Article 200 carries a sense of urgency and responsibility.
  • Governor Cannot Use Discretion on Re-passed Bills: If a Bill is re-passed by the Assembly, the Governor must give assent—no discretion remains.
  • Violation of Constitutional Morality: SC noted that the Governor failed to act as a “friend, guide, and philosopher” and instead became a “roadblock” to democratic functioning.
  • President’s Partial Assent Declared Invalid: The President’s decision to assent to only 1 of 10 Bills was held “non-est” (legally void), as the referral itself was flawed.
Article 200
  • When a Bill is passed by the Legislative Assembly of a State, or by both Houses in States with a Legislative Council, it is sent to the Governor. The Governor can:
    • Approve the Bill.
    • Reject the Bill.
    • Send the Bill to the President for approval.
  • However, if the Bill is not a Money Bill, the Governor can return it with suggestions for changes. The Legislature must then reconsider it. If they pass the Bill again, with or without changes, and send it back, the Governor must approve it.
Why in News?
  • The Supreme Court called Tamil Nadu Governor R.N. Ravi’s inaction on 10 re-passed Bills “unconstitutional,” criticizing his prolonged delay before referring them to the President.