Governor and State Bills
Context: Tamil Nadu CM M.K. Stalin accused Governor R.N. Ravi of withholding assent to the bill, passed unanimously on May 2, despite multiple reminders and even following the Supreme Court’s timeline directive.
Important Pointers:
Article 200 – Governor’s options: When a state legislature passes a bill, the Governor can either grant assent, withhold assent, return it for reconsideration (with suggestions), or reserve it for the President.
Only one action allowed at a time: The Governor must choose exactly one route—no mixing of decisions.
Return triggers mandatory assent: If a nonmoney bill is returned and then passed again (with or without changes), the Governor is constitutionally bound to give assent.
Reservation only for HCpower bills: Only bills affecting the High Court’s powers can be reserved for the President; others must be assented or returned/rejected.
No “pocket” or "absolute" veto: The Supreme Court has ruled that the Governor cannot indefinitely delay a bill nor refuse it outright without following the procedure.
Timelines introduced judicially: The Governor must act within 1 month (or 3 months if acting against ministers’ advice); if a bill is resent postreconsideration, assent must follow within 1 month.
Article 201 – President’s powers: If a Governor reserves a bill, the President may grant assent, withhold it, or (for nonmoney bills) return it for reconsideration.
Reconsideration not binding on the President: Even if the legislature re-passes a returned bill, the President is not required to give assent.
6-month deadline for legislature: On return by the President, the state legislature must reconsider the bill within six months.
3-month limit for President’s decision: Though not in the Constitution, the Supreme Court has imposed a 3-month deadline and made the President’s inaction justiciable.
Judicial review is possible: Both the Governor’s delay or reservation and the President’s withholding or delay are subject to judicial scrutiny.
Key distinction: Unlike the Governor, the President is not constitutionally obligated to assent even to a reconsidered bill.