The State of Tamil Nadu passed 12 Bills and submitted them to the Governor for assent, following Article 200 of the Constitution. However, the Governor did not take any action on these Bills for a considerable period. In 2023, the petitioner being aggrieved by the Governor’s action approached the Supreme Court under Article 32 of the Constitution. The court issued a notice to the respondents after which the governor took a decision on 12 bills by withholding assent simpliciter to 10 bills which means he did not convey any message to the State Legislature for reconsideration. The State Legislature repassed the said 10 bills and presented the same for the Governor’s assent. The Governor, without the aid and advice of the Council of Ministers of the State, reserved the said repassed Bills for the consideration of the President, which is being challenged in the present case. The Supreme Court declared the reservation of these 10 Bills to be erroneous in law, and set aside the same.
2025 INSC 481, MANU/SC/0483/2025
Absolute Veto, Art 200, Bills, Constitution, Federalism, Governor, Pocket Veto, President’s consideration
None
What actions can the Governor take under Article 200 of the Constitution
The Governor has to discharge his functions under Article 200 by choosing from three options - assent, withhold assent or reserve bill for President’s consideration.
Whether Article 200 envisages the exercise of 'absolute veto' or 'pocket veto' of a bill by the Governor
Concept of absolute veto or pocket veto do not have place within Indian Constitution. Article 200 does not allow the Governor to sit on the bills and exercise pocket veto over them.
Is there a specifically prescribed time limit within which the Governor must act under Article 200 of the Constitution
No time limit has been expressly specified under Article 200. Therefore, the Supreme Court keeping in mind the constitutional significance, prescribed the following timeline:
Whether the actions taken by the Governor under Article 200 are subject to judicial review
Any exercise of discretion by the Governor in exercise of his powers under Article 200 is amenable to judicial review.
What actions can the Governor take under Article 200 of the Constitution
The Governor has to discharge his functions under Article 200 by choosing from three options - assent, withhold assent or reserve bill for President’s consideration.
Whether Article 200 envisages the exercise of 'absolute veto' or 'pocket veto' of a bill by the Governor
Concept of absolute veto or pocket veto do not have place within Indian Constitution. Article 200 does not allow the Governor to sit on the bills and exercise pocket veto over them.
Is there a specifically prescribed time limit within which the Governor must act under Article 200 of the Constitution
No time limit has been expressly specified under Article 200. Therefore, the Supreme Court keeping in mind the constitutional significance, prescribed the following timeline:
Withholding assent or reserving for President’s consideration – Max 1 month
Withholding assent contrary to advice of State Council of Ministers – Governor must return the bill within max 3 months
Reservation for President’s consideration contrary to advice of State Council of Ministers Governor to make reservation within max 3 months
Presentation of bill after reconsideration Governor to grant assent within max 1 month.
Whether the actions taken by the Governor under Article 200 are subject to judicial review
Any exercise of discretion by the Governor in exercise of his powers under Article 200 is amenable to judicial review.