Supreme Court’s take on Article 200
Context:
In the recent case of the State of Tamil Nadu vs. the Governor of Tamil Nadu, the Supreme Court gave few clear guidelines on how governors should act on bills presented under Article 200 of the Constitution.
Relevance:
GS-02 (Indian polity)
Supreme Court’s verdict:
- No Absolute or Pocket Veto: The SC held that governors cannot exercise an “absolute veto” (outright refusal) or “pocket veto” (indefinite delay).
- Article 200 uses the phrase “as soon as possible,” which mandates urgency in the governor’s actions.
- Use of Article 142: The Court used its extraordinary powers under Article 142 to prescribe time-bound action for governors to ensure complete justice.
- No Presidential Referral After Re-Presentation: If a bill is re-passed in the same form, the Governor cannot reserve it again for the President’s consideration.
- Bound by Aid and Advice: The Governor must act on the advice of the Council of Ministers. Discretion is allowed only in exceptional cases—such as bills that may affect the powers of the High Court or Supreme Court.
- Judicial Review of Delays: Failure to act within the prescribed timelines would now invite judicial scrutiny, curbing arbitrary delays.
Significance
- Reinforces constitutional accountability of the governor.
- Ensures legislative efficiency and respect for federalism.
- Prevents misuse of Article 200 for political or procedural delays.
(Practice Question)
Q. With reference to the Supreme Court’s interpretation of Article 200 of the Indian Constitution, consider the following statements:
- A governor can exercise absolute discretion in withholding assent to any bill.
- Once a bill is re-passed by the state legislature in the same form, the governor must assent to it.
- The Governor is constitutionally bound to act on the aid and advice of the Council of Ministers, except in specific cases like those affecting judicial powers.
Which of the above statements is/are correct?
A. 1 and 2 only
B. 2 and 3 only
C. 1 and 3 only
D. 1, 2 and 3
Answer: B. 2 and 3 only
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