Supreme Court’s Landmark Verdict On Governor’s Powers In Tamil Nadu Case
The Supreme Court of India recently delivered a landmark verdict regarding the powers of Governors in the context of the Tamil Nadu case. This ruling has significant implications for the role of Governors in India, particularly in opposition-ruled states. Here are the key points from the verdict:
Key Points of the Verdict
Limitations on Governor’s Powers: The Supreme Court ruled that Governors cannot indefinitely delay or withhold assent to Bills passed by state legislatures. This decision effectively eliminates the concept of a “pocket veto,” where a Governor can indefinitely sit on a Bill without taking action.
Timelines for Action: The Court established specific timelines for Governors to act on Bills:
Three Months: If a Governor withholds assent contrary to the advice of the state cabinet, they must do so within three months.
One Month: If a Bill is re-passed by the Assembly without changes, the Governor must grant assent within one month.
No Absolute Veto: The Court clarified that Governors do not have an absolute veto power. They are bound to act on the advice of the state cabinet, as per Article 163 of the Constitution.
Use of Article 142: The Supreme Court used its extraordinary powers under Article 142 to clear the 10 pending Bills, declaring them as having received assent due to the undue delay by the Governor.
Impact on Centre-State Relations: This ruling will have a significant impact on Centre-state relations, particularly in opposition-ruled states like Kerala, West Bengal, and Punjab, where similar issues have arisen.
Political Impact: The decision is seen as a major victory for the DMK government in Tamil Nadu, which has been at odds with Governor R N Ravi over several issues.
Federalism and Democracy: The ruling reinforces the principles of federalism and parliamentary democracy by limiting the Governor’s ability to unilaterally block legislative actions.
Future Precedent: This verdict sets a precedent for similar cases in other states, ensuring that Governors cannot misuse their discretionary powers to stall legislative processes indefinitely.
