SC sets time limits for Governors to act on Bills

Context: The Supreme Court has set time limits for Governors to act on Bills emphasising mandatory adherence to Article 200 of Constitution. The Supreme Court recently, invoked its inherent powers under Article 142, and declared that 10 Bills, which were withheld assent by Tamil Nadu Governor R.N. Ravi for two to five years, as having received assent.

Relevance of the Topic: Prelims: Article 200; Article 201 of Indian Constitution. 

Article 200

When a bill is sent to the governor after it is passed by state legislature, he/ she can:

1. Give his/ her assent to the bill, or
2. Withhold his/ her assent to the bill, or
3. Return the bill (if it is not a money bill) for reconsideration of the state legislature. However, if the bill is passed again by the state legislature with or without amendments, the governor has to give his/ her assent to the bill, or
4. Reserve the bill for the President.

Article 201

Reserve the bill for the consideration of the President. 

• When a Bill is reserved for the consideration of the President, The President shall declare either that he assents to the Bill, or he withholds assent from the Bill.
• The President may also direct the Governor to return the Bill to the House of the Legislature of the State for reconsideration.
• Options available with the Governor:
• He may give assent, or he can send it back to the Assembly requesting it to reconsider some provisions of the Bill, or the Bill itself.
• In addition, as identified by Soli Sorabjee, the governor can also reserve the bill if it is of the following nature:

1. Ultra-vires, that is, against the provisions of the Constitution.
2. Opposed to the Directive Principles of State Policy.
3. Against the larger interest of the country.
4. Of grave national importance.
5. Dealing with compulsory acquisition of property under Article 31A of the Constitution.

In one particular case such reservation is obligatory, that is, where the bill passed by the state legislature endangers the position of the state High Court.

Supreme Court Previous Observations in this context

• Nabam Rebia and Bamang Felix vs Deputy Speaker, 2016: The Governor cannot withhold assent to a Bill indefinitely but must return it to the Assembly with a message, and this could include his recommendation for amendments to the Bill.
• State of Punjab vs Principal Secretary to Governor of Punjab 2023: In 2023, the Supreme court in State of Punjab vs. Principal Secretary to Governor of Punjab has held that the Governor can not veto the legislature by indefinitely withholding assent to the bill and in case the bill is re-enacted, Governor does not exercise discretion to withhold the reenacted bill.

State of Tamil Nadu vs Governor of Tamil Nadu 2025

• The Supreme Court has prescribed a time limit for the Governor to exercise his powers under Article 200. The court said that a Governor must be a friend, guide and philosopher to the State, not a hindrance. 

• The Governor is not allowed to reserve a Bill for the consideration of the President once it is presented before him in the second round after having been returned to the House previously as per the first provision. The only exception to this general rule is when the Bill presented in the second round is different from the one presented to the Governor in the first instance.
• In case of reservation of Bills for the consideration of the President, contrary to the advice of the state Council of Ministers, the Governor shall make such reservation within a maximum period of three months. In case of presentation of a Bill after reconsideration in accordance with the first proviso (of Article 200), the Governor must grant assent subject to a maximum period of one month.