The Supreme Court has ruled that the Tamil Nadu Governor’s move to reserve 10 Bills for the President’s assent was illegal and must be overturned.
- A Bench comprising Justices J.B. Pardiwala and R. Mahadevan delivered the verdict.
- The court held that under Article 200 of the Constitution, the Governor has no discretionary power and must act based on the aid and advice of the Council of Ministers.
- Article 200 outlines the Governor’s role in granting assent to State Bills.
Key Guidelines for Governors under Article 200:
- Withhold assent: Within 1 month
- Withhold contrary to Cabinet advice: Within 3 months
- Reconsideration of Bills: Within 1 month
Court Observations:
- The Governor cannot use an absolute or pocket veto.
- Once a Bill is re-passed by the legislature, the Governor must give assent, unless the Bill has substantially changed.
- The Court invoked Article 142 to declare all 10 Bills as deemed assented.
- It expressed concern over the unexplained delays and the Governor’s disregard for past judgments (like the State of Punjab case).
Notable Quote:
Justice Pardiwala quoted Dr. B.R. Ambedkar:
“However good a constitution may be, if those who are implementing it are not good, it will prove to be bad…”
