Context and Background
Issue: Governor of Tamil Nadu withheld action on 12 Bills passed by the State Assembly, some dating back to 2020. Despite being re-enacted by the Assembly, the Governor referred most of them to the President, causing further delays.
State's Argument: This amounted to dereliction of constitutional duty and undermined the democratic mandate of the elected legislature.
Key Point: Can a Governor indefinitely withhold assent to a Bill passed by the Assembly without giving reasons or acting on executive advice?
Key Legal and Constitutional Points
1. Role of the Governor
Governor is not an autonomous power center or an agent of the Union.
Functions as the constitutional head of the State, bound by aid and advice of the Council of Ministers (except in very specific cases).
2. Article 200 – Options for the Governor
After a Bill is passed, Governor has only three options:
Assent to the Bill
Withhold assent and return it for reconsideration
Reserve it for the President’s consideration
No provision for an indefinite pocket veto.
Returning a Bill for reconsideration must be followed; can't later reserve the same for the President.
3. No Discretion Without Justification
Discretion is allowed only in rare cases:
Bill affects powers of the High Court (Second proviso to Art. 200)
Cases requiring mandatory Presidential assent (e.g., Article 31C)
Bill violates basic constitutional structure
Even this discretion is subject to judicial review, per Rameshwar Prasad v. Union of India (2006).
4. Judicial Intervention and Article 142
Court used Article 142 to deem the 10 Bills as having received assent on the date they were re-submitted.
Issuing a writ of mandamus would have been ineffective, as contempt proceedings against a Governor are barred by Article 361.
Wider Constitutional Significance
Reinforces the democratic accountability of Governors.
Strengthens the idea that governors are bound by the advice of the elected government, except in clearly defined cases.
Prevents misuse of gubernatorial discretion to stall legislative processes.
Prevents the office of the Governor from becoming a tool for political obstruction.
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