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Critical Topics and Their Significance for the UPSC CSE Examination on April 14, 2025

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What has the SC ruled on the T.N. Governor?

For Preliminary Examination:  Governor and their powers

For Mains Examination: GS II - Indian Polity & Governance

Context:

On April 8, the Supreme Court declared Tamil Nadu Governor R.N. Ravi’s prolonged refusal to give his assent to 10 Bills as illegal and erroneous in law. In a landmark verdict, Justices J.B. Pardiwala and R. Mahadevan underscored the importance of cooperative federalism, amid growing concerns over the increasing politicisation of the Governor’s office in Opposition-ruled States

Read about:

Governor’s office in Opposition-ruled States

Article 200 of the Constitution

Key takeaways:

Understanding the Assent Process

• Article 200 of the Indian Constitution outlines the authority granted to a State Governor when a Bill, passed by the State legislature, is submitted for assent. The only exception pertains to Money Bills, which are automatically considered to have received assent.
• For other types of Bills, the Governor has three options: approve the Bill, withhold assent and send it back to the Assembly for reconsideration, or forward it to the President for consideration.
• However, only those Bills that significantly affect the powers of the High Court and threaten its constitutional role may be sent to the President.
• As per the first proviso of Article 200, if the Governor decides to withhold assent, the Bill must be returned to the legislature "as soon as possible," along with recommendations for review or amendments. Should the legislature pass the Bill again—either with or without changes—the Governor is then constitutionally bound to provide assent.

Is a ‘Pocket Veto’ Possible?

• The tension between Governors and Opposition-led States often revolves around the interpretation of this proviso. While the Constitution requires prompt action, it does not set a specific timeframe, allowing some Governors to delay action indefinitely without officially rejecting or returning the Bill—a practice known informally as a “pocket veto.”
• However, the judiciary has clarified that the use of the word “shall” in the main text of Article 200, along with the phrase “as soon as possible,” rules out the legality of such indefinite delays. 
• Allowing such unchecked power, he noted, would erode the principles of representative democracy.

Role of the President in the Assent Process

• The court further restricted the Governor’s discretion by ruling that once a Bill is returned, reconsidered by the legislature, and passed again, it cannot be referred to the President—unless it is substantially altered from its original form.
• Additionally