Article 200 and Article 201
Context: Tamil Nadu CM criticized the Presidential Reference to the Supreme Court on timelines for Governors and the President to act on Bills, calling it an attempt to undermine State governments by empowering Governors as the Centre’s agents.
Important Pointers:
Article 200: Deals with the Governor’s powers regarding assent to Bills passed by the State Legislature.
Under Article 200, the Governor has four options:
Assent to the Bill.
Withhold assent.
Reserve the Bill for the President’s consideration.
Return the Bill (if not a Money Bill) to the Legislature for reconsideration.
Article 201: Applies when the Governor reserves a Bill for the President’s consideration; the President may then:
Give assent.
Withhold assent.
Direct the Governor to return the Bill to the State Legislature (if not a Money Bill).
No Time Limit: Neither Article 200 nor Article 201 specifies a time limit for the Governor or the President to act on the Bills.
Presidential Reference (2025): President Droupadi Murmu referred the matter to the Supreme Court under Article 143, questioning:
Whether the judiciary can impose time limits on Governors/President to act under Articles 200/201.
Whether such powers are justiciable before the Bill becomes law.
Validity of the concept of "deemed assent", as introduced by a two-judge bench.
Whether Article 142 (enabling the Supreme Court to do "complete justice") can override these constitutional provisions.
Whether Article 361 (immunity to Governors/President) bars judicial review of actions under Article 200.
T.N. Government’s Position: CM M.K. Stalin termed the Presidential Reference a move to undermine elected State governments and objected to Governors acting as agents of the Centre.
Judicial Precedents: The Reference was triggered by an April 2025 SC ruling that criticized delays by the Tamil Nadu Governor in acting on 10 re-passed Bills.
Article 145(3): Presidential Reference also questioned if a two-judge Bench could decide on substantial questions of law without referring to a five-judge Constitution Bench as required.