Governors can’t sit over Bills endlessly: SC judges

Paper: GS – II, Subject: Polity, Topic: Legal Issues, Judiciary, Issue: Supreme Court on Governors’ Powers under Article 200.

Context:

SC (April 2025) ruled Governors cannot indefinitely delay bills under Article 200, rejecting “pocket veto.” They must act promptly on ministerial advice, ensuring legislative supremacy and constitutional functioning without obstruction.

Key Takeaways:

Recent instances behind the SC ruling:

  • Governors in several States such as Tamil Nadu, West Bengal, Kerala, Telangana were delaying assent to Bills, creating legislative paralysis.
  • This raised the question that Can Governors sit indefinitely on Bills passed by elected legislatures?
  • Case: State of Tamil Nadu vs Governor of TN + allied petitions. The recent Presidential Reference prompted further re-examining the issue.

Supreme Court’s Observations:

Governor’s Role and Legislative Process in Indian Constitution:

Governor’s Role and Legislative Process in Indian Constitution:

Article 200 and Governor’s options:

Article 200 and Governor’s options:

Significance of the SC Ruling:

  • Ends misuse of pocket veto.
  • Strengthens State Legislature’s supremacy in law-making.
  • Reinforces federal balance & cooperative governance.
  • Establishes judicially enforceable timelines for gubernatorial action.
  • Prevents Governors from being used as political roadblocks.

Judicial precedents related to constitutional offices:

Art. 153: There must be a Governor for each State.Art. 154: Executive power vested in Governor (aid & advice).Art. 163: Governor bound by CoM advice (limited discretion).Art. 200: Options on Bills: assent, withhold, return (non-Money Bill), reserve for President.Veto powers: Absolute, Suspensive, Pocket (SC 2025 disallowed pocket veto).Art. 142: SC’s power to ensure “complete justice.”Key judicial precedents:Shamsher Singh vs State of Punjab (1974): Governor is a constitutional head and bound by ministerial advice.Nabam Rebia vs Deputy Speaker (2016): Governor cannot act independently, except in rare cases.2025 SC Ruling: Builds on these by ending delays and clarifying timelines.

Conclusion:

The Supreme Court ruling limits the misuse of the Governor’s “pocket veto,” affirming that Governors are constitutional heads bound by ministerial advice, not political arbiters. By enforcing timelines and limiting discretion under Article 200, the Court has safeguarded legislative supremacy, federal balance, and democratic accountability, ensuring that elected legislatures not unelected offices remain the true voice of the people.

https://www.thehindu.com/news/national/even-three-months-may-be-too-long-governors-must-decide-on-bills-forthwith-opposition-ruled-states-in-sc/article70008587.ece

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