Governor cannot change his mind second time: SC, Pg 13

SC Clarifies Governor’s Role under Article 200

• Supreme Court ruled that a Governor cannot reserve a Bill for Presidential consideration once it has been re-passed by the Legislature after prior rejection.

• Once the State Legislature re-passes a Bill, the Governor is constitutionally bound to grant assent “forthwith or within a maximum of one month”.

Background

• Refers to Tamil Nadu Governor withholding assent to 10 Bills and later referring them to the President after they were re-passed, which the Court deemed unconstitutional.

Key Legal Interpretations

• Article 200’s first proviso:

  • If a Bill is reconsidered and passed again by the Legislature, the Governor must give assent.

• Governor cannot ‘re-review’ or change their decision post reconsideration.

• Court emphasized that the phrase “shall not withhold assent” is binding and the Governor has no discretionary power in such cases.

Doctrine of People’s Will

• SC asserted that the Governor must act in harmony with the elected government and not impede legislative processes.

• Citing constitutional history, the court stated that the 1950 Constitution removed discretionary powers that existed under the 1935 Government of India Act.

Analysis & Way Forward

• The verdict strengthens democratic federalism, reaffirms accountability of constitutional offices, and checks misuse of gubernatorial discretion.

Mains Mock Question:

"Discuss the constitutional position of the Governor with respect to assent to State Bills. How does the recent Supreme Court judgment strengthen the principle of democratic accountability?"