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The Supreme Court connected Friday continued to perceive petitions filed by the Tamil Nadu authorities raising questions connected the scope of the Governor’s powers successful the legislative process. The authorities argued that the prolonged hold successful acting upon Bills passed by the authorities legislature would effect successful a concern wherever the “system of ideology volition neglect successful this country.”
The proceeding fundamentally involves debating the contours of Article 200 of the Constitution, which requires the Governor to state “that helium assents to the Bill oregon that helium withholds assent therefrom oregon that helium reserves the Bill for the information of the President”. It besides states that this should beryllium done “as soon arsenic imaginable aft the presumption to him of the Bill for assent”.
Since 2023, erstwhile the Tamil Nadu authorities archetypal approached the SC astir the issue, respective opposition-ruled states, including Kerala, Telangana, and Punjab, person moved the apex tribunal implicit specified delays. The Tamil Nadu lawsuit would beryllium a precedent for each different cases.
Governor’s relation successful lawmaking
The Constitution envisages the bureau of the Governor arsenic an apolitical entity. Over the years, the SC successful respective rulings has constricted the Governor’s workout of the powers successful a permissive manner. Broadly, the Governor is bound to enactment connected the assistance and proposal of a state’s Council of Ministers. However, determination are a fewer exceptions to this. For instance, successful recommending the imposition of the President’s regularisation nether Article 356 of the Constitution, and successful granting assent to Bills nether Article 200.
After a Bill has been passed by a authorities Assembly, it is presented to the Governor for her assent. Article 200 envisages 3 scenarios wherever the Governor can:
🔴 Give assent to the Bill, successful which lawsuit it becomes authorities law.
🔴 Withhold assent to the Bill and nonstop it backmost for reconsideration by the authorities Assembly.
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🔴 Reserve the Bill for information by the President of India.
If the Governor withholds assent and sends the Bill backmost for reconsideration, the Assembly tin amend the Bill oregon walk it again arsenic is. When the peculiar Bill is presented to the Governor again, she “shall not withhold assent therefrom”, mandating the Bill’s passage, but successful cases wherever the Bill, successful the sentiment of the Governor, could “derogate from the powers of the High Court.” In that case, the Bill shall beryllium reserved for the President’s consideration.
The Tamil Nadu dispute
Since Governor RN Ravi’s assignment successful September 2021, the Tamil Nadu government, led by the Dravida Munnetra Kazhagam (DMK), has repeatedly raised concerns astir the Governor withholding assent and delaying the transition of Bills passed by the authorities assembly. In November 2023, the authorities authorities moved the SC, claiming that Governor Ravi had been withholding assent connected respective Bills, the earliest of which had been pending since January 2023.
While proceeding the substance connected November 6, 2023, the SC said Governors “cannot beryllium oblivious to the information that they are not elected representatives of the people”. It besides said, “Why bash parties person to travel to the SC? The Governors indispensable enactment earlier it comes to the SC”.
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Around 2 weeks later, the Tamil Nadu Assembly re-enacted the pending Bills. However, Governor Ravi referred 2 of these Bills to the President for her consideration, and withheld assent for the rest.
Issues that SC volition consider
Some of the issues nether information by the Court are:
🔴 If the Governor has the authorization to withhold assent for a 2nd clip aft a authorities Assembly has passed a Bill pursuing its archetypal withholding, particularly erstwhile the Governor did not reserve the Bill for the President erstwhile it was archetypal presented.
🔴 If the Governor’s powerfulness to notation a Bill to the President is exercisable upon immoderate Bill oregon it is constricted to definite specified categories.
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🔴 Considerations that power the Governor’s determination to notation a Bill to the President alternatively of giving assent.
🔴 Examining the conception of pouch veto — erstwhile the Governor holds assent indefinitely — and if it has immoderate law validity successful India.
🔴 If determination should beryllium a clip framework for the Governor to springiness assent to a Bill nether Article 200.
SC connected clip framework for assent
Although Article 200 states that the Governor indispensable instrumentality a telephone connected granting assent to a Bill “as soon arsenic possible”, it does not mandate a circumstantial timeline. The SC has addressed this contented successful past decisions. However, it has not passed immoderate directions imposing a timeline for Governors.
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In Nabam Rebia and Bamang Felix vs Deputy Speaker (2016), Justice Madan Lokur, who was portion of a five-judge Constitution Bench which was proceeding the case, wrote a abstracted concurring sentiment connected the issue. He said, “The Governor cannot withhold assent to a Bill indefinitely but indispensable instrumentality it to the Assembly with a connection and this could see his proposal for amendments to the Bill.”
The SC reiterated this successful November 2023 portion proceeding a lawsuit filed by the Punjab government, which had accused Governor Banwarilal Purohit of withholding assent to 4 Bills. The tribunal said the operation “as soon arsenic possible” successful Article 200 means that “the Governor cannot beryllium astatine liberty to support the Bill pending indefinitely without immoderate enactment whatsoever”.
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