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Source– This post is based on the article “Governor’s right to withhold assent: The constitutional question before Supreme Court” published in “The Indian Express” on 21 November 2023.
Why in the News?
Recently Tamil Nadu’s Governor R N Ravi’s decision to withhold assent to 10 pending Bills has raised fresh legal questions on the powers of the Governor.
What are the Constitutional Provisions regarding Governor’s assent to Bills?
| Article 163 | It deals with the powers of the Governor. Discretionary Power (Article 163)- If any question arises on whether a matter falls within the governor’s discretion or not, the decision of the governor is final and the validity of anything done by him cannot be called in question on the ground that he ought or ought not to have acted in his discretion. |
| Article 200 | 1. It specifically deals with the issue of granting assent to Bills. 2. As per Article 200, when a Bill is passed by the state legislature, the Governor has four options– (a) grant assent to the bill; (b) withhold assent to the bill (Absolute Veto); (c) return the bill for reconsideration, if it is not a Money Bill (Suspensive Veto); If the legislature passes the bill again, with or without amendments, the Governor must give his assent. (d) reserve the bill for the consideration of the President- It also stipulates that the Governor shall reserve for the President’s consideration any Bill that, in the Governor’s opinion, would diminish the powers of the High Court. |
Can a Governor delay clearing bills indefinitely?
No provision for a Time Limit: Article 200 states that the Governor must return the Bill “as soon as possible” but does not prescribe a specific timeframe to make a decision. Thus, he/she can exercise an indefinite Pocket Veto (A pocket veto is when a President or a Governor essentially prevents a Bill from being passed by taking no action on the Bill (i.e. “keeping it in their pocket”)).
– Governors have exploited this ambiguity to sit on Bills indefinitely without returning them to the state legislature, in effect paralysing the elected government.
What are the recommendation of various Committees on this issue?
1. Sarkaria Commission
Recommendation– Apart from exceptional cases where bills are outright unconstitutional, the Governor must discharge his functions under Article 200 as per the advice of ministers.
2. Punchhi Commission
Recommendation– It recommended that the Governor should take a decision with respect to a Bill presented for their assent within a period of 6 months.
3. 2nd Administrative Reforms Commission
Recommendation– The Inter-State Council should formulate guidelines on how governors should exercise discretionary power.
What are the key judgements of the Supreme Court on this issue?
1. Rameshwar Prasad Case
2. Shamsher Singh Case
3. Nabam Rebia & Bamang Felix Case 2016
| For more detailed information on this topic, read here |
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