Governor’s Powers in Legislative Process Under Scrutiny

GS2 GOVERNANCE: 

Context of the Dispute

• The Supreme Court is examining Governor’s powers in the legislative process due to delays in granting assent to Bills by the Tamil Nadu government.
• The case arose from petitions questioning the delayed assent by Governor RN Ravi since his appointment in 2021.
• Tamil Nadu government argues that these delays undermine democratic functioning, with Bills pending since January 2023.

Role of the Governor

• The Governor is an apolitical figure who generally acts according to the advice of the Council of Ministers.
• Exceptions include recommending President’s Rule or granting assent to Bills.

Article 200: Governor’s Options on Bills

• Assent: Bill becomes law.
• Withhold Assent and Return: Bill sent back for reconsideration.
• Reserve for President’s Consideration: Bill is referred to the President, especially if it involves constitutional, national interest, or High Court matters.
• If a Bill is returned, the Assembly can amend or re-pass it, and the Governor must grant assent unless it affects judicial powers.

Legal Issues Under Review

• The Supreme Court is considering whether the Governor can withhold assent after a Bill is re-passed, whether the Governor’s referral power to the President is unlimited, and the validity of the “pocket veto” (indefinite delay).
• The court is also reviewing if a specific timeframe for granting assent under Article 200 is necessary.

Supreme Court’s Perspective on Timeliness

• Although Article 200 mandates prompt action, no formal timeline is provided.
• The Court has previously ruled that the Governor cannot delay assent indefinitely and must act within a reasonable time, returning Bills with recommendations if needed.

Governor’s Role and Powers

• The Governor is the highest constitutional authority in a state, serving both as the titular head of the state government and the representative of the central government.
• Executive Powers: Appoints key officials, requests information, and can recommend President’s Rule.
• Legislative Powers: Summons, prorogues, and dissolves the state legislature, gives assent to Bills, and issues Ordinances.
• Financial Powers: Oversees the State Budget, approves Money Bills, and ensures emergency funds.
• Judicial Powers: Can pardon or reduce sentences and is consulted on judicial appointments.