Skip to main content

Supreme Court Limits Governor’s Powers: Sets Timelines for Bill Assent Under Article 200

Introduction

In a historic verdict, the Supreme Court of India has laid down clear guidelines limiting the powers of Governors under Article 200 of the Constitution. The ruling ensures Governors cannot indefinitely delay their decision on bills passed by state legislatures, preserving constitutional balance and federal integrity.

Background of the Case

What Happened?

  • State Involved: Tamil Nadu

  • Issue: Governor delayed action on 10 bills passed by the state legislature.

  • Action Taken: Governor withheld assent and later reserved bills for the President without prompt reasoning.

  • Petitioner: Tamil Nadu Government

Supreme Court Bench

  • Justice JB Pardiwala

  • Justice R Mahadevan

The Court ruled that this conduct disrupted constitutional governance and violated the federal structure.

Powers of Governor under Article 200

After a bill is passed by the State Legislature, the Governor has three options:

Governor's OptionExplanation
Grant AssentApproves bill into law.
Withhold AssentRejects the bill (must give reasons & return for reconsideration).
Reserve for PresidentRefer to President — only in exceptional circumstances.

Supreme Court’s Key Rulings

1. No Absolute Veto Power

  • Governors cannot sit indefinitely on a bill.

  • Must act "as soon as possible."

2. No Second Referral to President

  • If the bill is re-passed without major changes, the Governor must grant assent.

3. Timelines Introduced for Action

To prevent misuse of power, the Supreme Court introduced time limits.

Timelines Set by Supreme Court

ScenarioTime Limit
Withholding assent (if advised by ministers)1 Month
Returning a bill with objections3 Months
Reserving for President’s considerationImmediate & exceptional only

Significance of the Judgment

  • Strengthens federalism in India.

  • Reinforces democratic principles.

  • Prevents misuse of the Governor's office for political reasons.

  • Protects the will of elected state governments.

FAQs 

Q1. Can a Governor delay a bill indefinitely?

No, the Supreme Court has ruled that Governors must act within a reasonable time frame.

Q2. What happens if the state legislature re-passes a returned bill?

The Governor is constitutionally bound to give assent if the bill is re-passed without substantial changes.

Q3. Can a Governor reserve any bill for the President?

No, only bills that conflict with the Constitution or central laws should be reserved — and that too in exceptional cases.

Q4. What is the time limit to return a bill with objections?

Within 3 months from receiving the bill.

Q5. Why is this judgment important?

It prevents arbitrary actions by Governors and strengthens the functioning of elected state governments.

Labels:

Comments

Post a Comment

Popular posts from this blog

India’s Extradition Treaties: How They Impact the Vijay Mallya & Nirav Modi Cases

Introduction Extradition is a critical tool in international law that enables countries to hand over fugitives to jurisdictions where they face criminal charges. India has signed extradition treaties with over 50 countries and extradition arrangements with 11 others to curb financial crimes, terrorism, and other serious offenses. However, high-profile cases like Vijay Mallya and Nirav Modi have tested India's extradition mechanisms and diplomatic relations. This article explores India's extradition laws, its treaties, and the challenges faced in these landmark cases. Understanding Extradition Laws in India 1. The Extradition Act, 1962 The primary legal framework governing extradition in India is T he Extradition Act, 1962 . This Act provides the conditions and procedures for extradition between India and foreign nations. Extradition Treaty Countries : India has formal agreements with over 50 countries , including the UK, USA, UAE, and Canada , which provide a legal basis for...
Post a Comment
Read more

The Role of Dr. B.R. Ambedkar in Framing the Indian Constitution

Introduction Dr. Bhimrao Ramji Ambedkar, popularly known as the architect of the Indian Constitution, played a pivotal role in drafting and shaping the fundamental law of independent India. As the Chairman of the Drafting Committee, he was instrumental in laying the foundation of a just, inclusive, and democratic India. His contributions not only ensured legal safeguards for marginalized communities but also established India as a sovereign, socialist, secular, and democratic republic. In this blog, we will explore Dr. Ambedkar’s contributions to the making of the Indian Constitution, his vision, the challenges he faced, and his lasting impact on Indian democracy. Dr. B.R. Ambedkar: A Visionary Leader Born on April 14, 1891, Dr. Ambedkar was a social reformer, economist, and legal expert. His early experiences with caste-based discrimination fueled his determination to uplift the downtrodden and establish a legal system based on equality and justice. He earned multiple degrees, includi...
Post a Comment
Read more

R v. Dudley and Stephens (1884): A Landmark Case on Necessity Defense

Introduction The 1884 case of R v. Dudley and Stephens (14 QBD 273) is one of the most pivotal rulings in English criminal law, specifically regarding the Defense of Necessity in murder cases . This landmark judgment established the legal precedent that necessity cannot be invoked as a defense for murder , even in dire, life-threatening circumstances. Case Background: Survival at Sea In July 1884, Thomas Dudley, Edward Stephens, Brooks, and Richard Parker (a 17-year-old cabin boy) were left adrift after their yacht, Mignonette , sank. For over 20 days, the men survived on limited resources, including turnips and a turtle they managed to catch. As the situation worsened and Parker became gravely weak, Dudley and Stephens resolved to kill and consume Parker in order to survive. Although Brooks abstained from participating in Parker's death, he later consumed Parker's flesh. On the 24th day, the survivors were rescued by a passing ship. Upon their return to England, Dudley and St...
Post a Comment
Read more