Supreme Court’s decision on Tamil Nadu Governor’s assent to Bills

New Delhi 12 April 2025 :  In a landmark ruling, the Supreme Court overturned Tamil Nadu Governor R.N. Ravi’s choice to withhold approval for 10 state bills, calling it illegal and contrary to the law. Citing its 2023 decision in the Punjab case, the court emphasized that the governor is required to act within a reasonable timeframe and should not hinder the legislative process.

The court made it clear in its ruling that the governor serves as a constitutional head rather than a political functionary. It also pointed out that the governor can’t just sit on bills passed by the state legislature indefinitely. According to the Constitution, the governor doesn’t have the power to use a “full veto” or a “pocket veto” by delaying action on bills for too long. To address this, the court referenced Article 142, which allows it to treat the 10 pending bills as if they had been approved. This article gives the court the authority to ensure complete justice, even if it means stepping outside the usual legal procedures, especially when no other options are available.

In their ruling, Justices J.B. Pardiwala and R. Mahadevan pointed out that while there’s no specific deadline for the Governor to either approve, deny, or set aside a bill for the President, the phrase “as soon as may be” in the first provison of Article 200 suggests that these decisions should be made promptly. Essentially, this means the Governor can’t just sit on a bill, and a complete veto isn’t allowed under Article 200 either. The essence of Article 200 is about the smooth transfer of a bill between constitutional authorities, and it emphasizes the need for this process to be carried out efficiently.