A Governor’s Conduct and a Judgment of Significance, Pg6

• TN Assembly passed 10 Bills which were not assented to by the Governor for an extended period.

• In 2023, the Governor sent 2 Bills for Presidential assent, assented to one, and kept seven pending.

• In a special session, the TN Assembly re-enacted the 10 Bills and sent them again.

• The Governor referred all 10 Bills to the President, instead of acting as per constitutional procedure.

• The 2-judge bench of Justices J.B. Pardiwala and R. Mahadevan reiterated limits on gubernatorial power.

• It clarified that Article 200 does not permit discretion beyond what is constitutionally sanctioned.

• Held that withholding assent without reason undermines representative democracy.

• Article 200 offers a Governor three options: 1. Assent to the Bill 2. Withhold assent 3. Reserve it for the President

• The Court rejected the existence of a 4th option (withholding assent and doing nothing).

• Referred to the Punjab case (2023) which had earlier clarified this issue.

• The Governor is not the executive; they act on the advice of the Council of Ministers (except in specified discretionary areas).

• The Governor must not delay or subvert legislative processes.

• The use of President's referral must be reasoned and constitutionally valid.

• Upholds federal spirit and checks central overreach via Governors.

• Reinforces democratic accountability and timely governance.

• Clarifies constitutional boundaries of Governor’s powers.

• Prevents arbitrary stalling of state legislation for political reasons.

• Constitutional morality demands Governors act neutrally and responsibly.

• Urgent need for institutional reforms to ensure Governor’s office is not misused for political purposes.

• The Doctrine of Separation of Powers and federal principles must be respected.

• Parliament should consider codifying timelines for gubernatorial assent to reduce ambiguity.

Mains Mock Question:

**Q.** _"The office of the Governor must act as a constitutional bridge and not a political hurdle." In light of recent judicial pronouncements, discuss the constitutional role and limitations of the Governor in India._ _ (GS-2 | 250 words)_