The Governor is a constitutional head of the State (Arts. 153–164) who ordinarily acts on the aid and advice of the Council of Ministers (Art. 163). Article 200 operationalises the Governor’s role in the assent stage of the State legislation.
Constitutional scheme under Article 200:
When a Bill is presented, the Governor may:
1. Assent to the bill;
2. Withhold assent to the bill;
3. Return a non-Money Bill for reconsideration (if re-passed, assent is ordinarily obligatory);
4. Reserve the Bill for the President (especially if it affects High Court powers or raises constitutional doubts).
The Constitution prescribes no time limit, creating scope for “pocket vetoes”.
SC Stance:
• Shamsher Singh (1974): Governor’s powers are to be exercised on ministerial advice, save rare exceptions.
• Nabam Rebia (2016): Discretion of the Governor is justiciable and Governor is no parallel executive.
• Rameshwar Prasad (2006): Arbitrary refusal/withholding of the bills is open to judicial review.
Persisting challenges under Article 200:
In Tamil Nadu, Kerala, West Bengal and Telangana, Governors kept Bills pending or reserved them after re-passage, stalling elected legislatures and stoking Centre–State frictions. University appointments and welfare legislations became key flashpoints in the friction.
2025 Supreme Court intervention (State of TN vs the Governor of TN)
• SC held there is no “absolute” or “pocket” veto under Art. 200. “As soon as possible” implies urgency.
• Bound by advice: Governor must act per CoM’s aid and advice. They cannot send re-enacted, unchanged Bills to the President.
• Timelines imposed using the powers under Art. 142:
Up to 1 month to withhold/assent/return;
Up to 3 months when acting contrary to Cabinet advice;
1 month to act on a re-presented Bill after reconsideration.
• Judicial review of the Governor’s decision in case of any inaction/unreasonable delay.
Addressing the deadlock:
• The recent judgement converts an open-ended discretion into a time-bound duty, protecting legislative supremacy.
• It narrows the reservation route to constitutionally warranted cases, checking political mis-use.
• Re-centres cooperative federalism by treating Governor as a constitutional umpire, not a political player.
Remaining gaps & Way forward
• Codify timelines via amendment/Model Rules.
• Implement Sarkaria & Punchhi recommendations such as apolitical appointments by consulting CMs and defining limited discretion.
• Create transparent dashboards tracking Bills at Raj Bhavan; provide speaking reasons for withhold/return; periodic parliamentary/assembly oversight.
Conclusion
By reading urgency, accountability and ministerial responsibility into Article 200, the Supreme Court has transformed a frequent constitutional chokepoint into a time-bound process, safeguarding State legislatures while preserving necessary constitutional checks—an essential reinforcement of constitutional morality and federal balance.
+1 Value Addition:
In Tamil Nadu (2023–24), Governor delayed assent to 10 Bills for over 2 years, creating a legislative backlog.
Kerala (2023): Governor delayed assent to 8 Bills, including those on Lokayukta reforms.
West Bengal (2022): Bills relating to university appointments were stalled, sparking confrontation with the elected government.
Punchhi Commission (2010):
• Timeframe of 6 months for reserved Bills.
• Suggested clear codification of Governor’s role.
Venkatachaliah Commission (2002):
• Governor’s appointment by a high-level collegium consisting of PM, HM, LS Speaker, and CM.
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