The Supreme Court of India strongly criticised Tamil Nadu Governor R.N. Ravi for delaying action on 10 Bills passed by the Tamil Nadu State Legislature. The court termed the Governor’s inaction and referral of the Bills to the President as “unconstitutional” and arbitrary.
Constitutional Provisions Related to Governor
- Article 153: Mandates a Governor for each State; one person can be Governor of multiple States.
- Article 154: Executive power of the State vested in the Governor, exercised directly or through subordinate officers.
- Article 155: Governor appointed by the President of India.
- Not an employee: Though appointed by the President, the Governor is not an employee of the Government of India.
- No office of profit: A Governor cannot hold any office of profit during tenure.
Eligibility Criteria
- Must be an Indian citizen.
- Minimum 35 years of age.
- Must not be a member of Parliament or State Legislature.
Oath of Office
- Article 159: Administered by the Chief Justice of the High Court (or senior-most judge in their absence).
Legislative Powers
- Article 174: Can dissolve the Legislative Assembly on CM’s advice or if no party can form a government.
- Article 175(2): May summon House, require floor test, and send messages for legislative consideration.
- Article 176: Delivers address to the Legislature after general elections and at the first session each year.
- Can delay assent to bills (except money bills); may recommend changes but legislature not bound to accept.
Constitutional Discretionary Powers
- Appoints CM if no clear majority.
- Can dismiss Council of Ministers if it loses confidence of the House.
- May dissolve Assembly when government loses majority.
Term & Removal
- Article 156: Governor holds office at the pleasure of the President.
- Normal term: 5 years, but can be removed earlier on PM-led Cabinet’s advice.
- Continues in office until successor assumes charge, even after term expiry.
Article 200 – Key Provisions:
- When a Bill is presented to the Governor, he/she can:
- Assent to the Bill
- Withhold assent
- Reserve the Bill for President’s consideration
- On a re-passed Bill, the Governor must grant assent within one month.
Key Highlights of the SC Verdict
Constitutional Observations:
- The Governor acted as a “roadblock”, not as a “friend, guide and philosopher” to the State.
- His inaction was contrary to the spirit of Article 200, which requires timely decision-making.
Timelines Set by the Court:
| Action by Governor | Time Limit |
| Withhold assent on Cabinet advice | Within 1 month |
| Return Bill with message (if withholding against advice) | Within 3 months |
| Reserve Bill for President’s consideration | Within 3 months |
| Grant assent to re-passed Bill | Within 1 month |
Delay beyond this would make the Governor’s conduct subject to judicial review.
No “Pocket Veto”:
- The court held that Governors cannot sit on Bills indefinitely.
- There is no concept of a pocket veto in Article 200.
- The phrase “as soon as possible” implies a constitutional urgency.
Judicial Significance
- The judgment reaffirms the constitutional role of the Governor as a constitutional head, not a political actor.
- Ensures accountability of Governors to the federal structure and democratic mandate.
- Establishes judicially enforceable timeframes for Governor’s assent actions under Article 200.
