Legal Controversy Surrounds Governor’s Powers as Tamil Nadu Resubmits Bills

November 20, 2023

The decision by Tamil Nadu’s Governor R N Ravi to withhold assent to 10 pending Bills has sparked a legal debate over the powers of the Governor. This development coincides with opposition-led states, including Tamil Nadu, seeking Supreme Court intervention to delineate the boundaries of the Governor’s authority in the legislative process.

Constitutional Framework

Article 163 and Article 200 of the Constitution govern the powers of the Governor in general and specifically address granting assent to Bills.
When a Bill is presented to the Governor, they have four options: grant assent, withhold assent, return for reconsideration, or reserve for the President’s consideration.
Article 200 stipulates that the Governor “may, as soon as possible,” return Bills (excluding money Bills) for reconsideration, but once reconsidered by the Legislative House, the Governor “shall not withhold assent.”

Governor’s Discretion and Ambiguities

Ambiguity in the term “as soon as possible” allows Governors to indefinitely withhold Bills, creating a potential paralysis in elected governance.
The discretion to grant assent is an area where the Governor can exercise their judgment, but it must be within constitutional limits and with cogent reasons.
Article 200’s use of the term “shall” implies a mandatory tone, emphasizing the Governor’s obligation to follow the constitutional process.

Supreme Court’s Perspective

The Supreme Court, in the 2016 Arunachal Pradesh Assembly case, highlighted that the Governor cannot withhold assent indefinitely and must return the Bill to the Assembly with recommendations for amendments.

States’ Appeals to the Supreme Court

Kerala, Telangana, and Punjab, in addition to Tamil Nadu, have sought Supreme Court intervention on the issue.
Kerala argues that Bills have been pending with Governor Arif Mohammad Khan for an extended period, affecting legislative progress.
Telangana claims that crucial Bills are awaiting the assent of Governor Tamilisai Soundararajan, hindering governance.

Tamil Nadu’s Grievances

Tamil Nadu alleges that the Governor’s actions, including not signing remission orders and withholding assent to Bills, are disrupting the administration.
The state contends that the Governor’s stance is creating an adversarial atmosphere by not cooperating with the state administration.

Supreme Court’s Dilemma

The Supreme Court is now tasked with deciding whether it can set a timeline for Governors to grant assent to Bills, essentially determining if it can impose limits on constitutional powers.
Previous instances of the court fixing timelines for the Speaker’s office in disqualification cases serve as precedents.

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