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Governor’s Powers Curtailed: Supreme Court’s Ruling on Tamil Nadu Case
Last Updated
8th April, 2025
Date Published
8th April, 2025
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- Landmark Verdict: On April 8, 2025, the Supreme Court declared Tamil Nadu Governor R N Ravi’s withholding of assent to 10 Bills as illegal and erroneous, reinforcing constitutional norms.
- Article 200 Clarified: The ruling interprets Article 200, stating Governors must act swiftly on Bills—assent, reject, or reserve for the President—without indefinite delays.
- Federal Balance: It upholds the supremacy of elected state legislatures, ensuring Governors cannot override democratic will, strengthening India’s federal structure.
- Timeline Set: The Court mandated timelines: three months to return a Bill if assent is withheld, and one month to assent after reconsideration by the Assembly.
- Pocket Veto Ended: Governors can no longer use delays as a de facto veto, a practice criticized as thwarting state governance.
- Judicial Intervention: Invoking Article 142, the Court deemed the 10 Bills assented, citing the Governor’s undue delay and disrespect to prior judicial guidance.
- Impact on States: The verdict affects opposition-ruled states like Kerala, West Bengal, and Punjab, where Governors have similarly stalled Bills, promoting uniformity in governance.
- Constitutional Duty: Governors must align with the Council of Ministers’ advice, reflecting their ceremonial role rather than discretionary power in legislative matters.
- Precedent Set: The ruling builds on a November 2024 Punjab case, where the Court barred Governors from vetoing Bills by inaction, solidifying legislative autonomy.
- Democratic Safeguard: It ensures state policies reflect public will, preventing administrative paralysis due to gubernatorial overreach.
Glossary
- Article 200: Constitutional provision governing a Governor’s options (assent, withhold, or reserve) when presented with a state Bill.
- Federalism: The division of power between Union and state governments, a cornerstone of India’s Constitution.
- Pocket Veto: Delaying assent indefinitely to block legislation without formal rejection.
- Article 142: Empowers the Supreme Court to pass orders for complete justice, used here to deem Bills assented.
- Council of Ministers: Elected state government body advising the Governor, reflecting democratic mandate.
Link To The Original Article – https://indianexpress.com/article/explained/sc-sets-aside-tamil-nadu-governors-move-the-ruling-impact-9931597/