A Judicial Nudge Following Stuck Legislative Business

Context

• The Supreme Court of India heard arguments on the Presidential Reference regarding the Governor’s powers under Article 200 relating to assent to Bills passed by State legislatures.
• Earlier, in J.B. Pardiwala case, a 3-month timeline was fixed for Governors to decide on Bills. The same applies to the President.

Key Issue

• Article 200 of the Constitution provides four options to a Governor when presented with a Bill:
  1. Give assent.
  2. Withhold assent.
  3. Return the Bill (if not a Money Bill) for reconsideration.
  4. Reserve the Bill for the President’s consideration.
• The controversy: Does the Governor have discretion in exercising these options, or must he act only on the aid and advice of the Council of Ministers under Article 163?

Judicial Principles

• Shamsher Singh v. State of Punjab (1974): Governor cannot act independently; must act on advice of the Council of Ministers.
• Nabam Rebia (2016): Reaffirmed that Governor is bound by ministerial advice in executive functions.
• Shamsher Singh & Nabam Rebia → Both highlight Governor’s limited discretion.

The Court’s Move

• Supreme Court fixed a 3-month time limit for the Governor/President to act on a Bill.
• The rationale: Long delays by Governors created a constitutional deadlock and undermined legislative supremacy.

Issue of ‘Discretion’

• The question: Can the Governor indefinitely withhold assent?
• Punchhi Commission & Sarkaria Commission → Governors must act as constitutional heads, not political actors.
• SC judgments like The State of Tamil Nadu v. The Governor of Tamil Nadu (2025) raised concerns about “sitting over” Bills, calling it unconstitutional.

Constitutional Significance

• Article 200 vs Article 201: Both do not prescribe a strict time limit, but SC interpreted constitutional silence to avoid abuse of power.
• Doctrine of Constitutional Morality invoked – authorities must uphold legislative intent, not stall it.

Why It Matters?

• Ensures legislative supremacy in a parliamentary democracy.
• Prevents Governors from stalling elected governments’ agendas.
• Strengthens cooperative federalism by curbing misuse of Governor’s office.

Way Forward

• Clearer constitutional or legislative amendment may be needed to codify timelines for assent.
• Governors must act as constitutional figureheads and not political agents.
• Judicial interventions should be exceptional, ensuring balance of power.