Paper: GS-II, Subject: Polity, Topic: Judiciary, Issue: Tamil Nadu Governor case
Context:
The Supreme Court’s intervention in the Tamil Nadu Governor case, focusing on the court’s observations regarding the “egregious situation” created by the Governor’s delay in assenting to State Bills.
Key Points of the Supreme Court’s Intervention:
- “Egregious Situation”: The Supreme Court (SC) acknowledged that its move to grant deemed assent to 10 crucial Tamil Nadu State Bills was a way to resolve an “egregious situation” caused by the Governor’s prolonged delay in acting on the Bills, some pending since 2020.
- No Intention to Overrule: The SC clarified that it does not intend to “pronounce a judgment on the T.N. Governor case judgment” or overrule it. The court emphasized that it could voice an opinion about a “binding” SC verdict, but not supplant it.
- Presidential Reference: The SC is hearing a reference made by President Droupadi Murmu after a two-judge bench fixed timelines for the President and Governors to act on Bills sent by State Legislatures.
Arguments Presented by the Attorney General (A-G) Governor’s Powers:
- The A-G argued that the Governor had reasons to keep the Bills pending and was well within his powers under Article 200 to withhold assent to State Bills.
- He asserted that the Governor was not bound by the Council of Ministers’ advice.
- Basic Structure: The A-G contended that Articles 200 and 201, which deal with the powers of the Governor and President to give assent to Bills, are part of the basic structure of the Constitution.
| Key Constitutional Provisions Involved Article 200: Deals with the powers of the Governor regarding bills passed by the State Legislature. The Governor can: Give assent Withhold Assent Reserve the bill for the President’s consideration Article 201 President’s veto power on bills reserved by the Governor.Article 142 Supreme Court’s plenary power to ensure complete justice.Article 143 (Advisory jurisdiction) empowers the President of India to seek the SC’s advisory opinion on any question of law or fact that is of public importance and is likely to arise or has already arisen. This provision establishes the SC’s advisory jurisdiction, which is exclusive to the President. |
- He argued that the court’s decision to fix timelines “dilutes” their power to reject a Bill.
- Taking Over Functions: The A-G submitted that prescribing timelines not imposed by the Constitution would amount to a “constitutional amendment” and “taking over the functions of the Governor.”
Timelines Fixed by the Supreme Court (First Time Ever):
| Scenario | Maximum Time Allowed |
| Withhold Assent or Reserve for President (with aid & advice of CoM) | 1 Month |
| Withhold Assent without CoM’s advice | Must return the bill within 3 Months |
| Bill Re-passed by Assembly (2nd time) | Governor must give assent within 1 Month. |
Supreme Court Verdict on Tamil Nadu Governor’s Withholding of Bills:
Conclusion
The court’s attempt to resolve the “egregious situation” while clarifying that it does not intend to set a precedent underscores the delicate balance it seeks to maintain between upholding constitutional principles and respecting the separation of powers. The ongoing hearing on the President’s reference will likely provide further clarity on the scope of the Governor’s powers and the role of the judiciary in ensuring timely action on State Bills.
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