Tamil Nadu government vs Governor case: Supreme Court’s key ruling in 5 points
Here are the key points from the Supreme Court’s ruling in the Tamil Nadu government vs Governor case:
Governors Cannot Indefinitely Delay Bills: The Supreme Court ruled that Governors cannot delay or withhold assent to Bills indefinitely once they have been passed or re-passed by a state Assembly. This decision effectively deems the 10 Bills in question as having received assent.
No Absolute or Pocket Veto: The Court clarified that there is no concept of “absolute veto” or “pocket veto” under Article 200 of the Constitution. Governors cannot sit on Bills indefinitely, which would effectively nullify them.
Timelines for Governor’s Decisions: The Court set specific timelines for Governors’ decisions on legislative matters. Governors must act within one to three months, depending on the scenario. For re-passed Bills, the timeline is reduced to one month.
Governor Must Act on Cabinet Advice: The Court emphasized that Governors are bound to follow the advice of the Council of Ministers. If a Governor withholds assent or reserves a Bill contrary to Cabinet advice, they must do so within three months.
Implications for Federalism and State Autonomy: The verdict is seen as a significant assertion of state authority within India’s federal structure. It limits gubernatorial discretion and emphasizes the primacy of the legislative process, setting a precedent for similar cases in other states.
