Article 200 and the Governor's Powers

The Supreme Court of India recently examined the powers of the Governor under Article 200, concerning the assent to Bills passed by the State legislature. A two-judge Bench, led by Justice J.B. Pardiwala, established a timeline of three months for the Governor to make a decision on a Bill. This timeline also applies to the President of India.

Governor's Options under Article 200

• Assent to the Bill.
• Withhold assent.
• Return the Bill to the Assembly for reconsideration.
• Reserve the Bill for the President's consideration.

Discretionary Powers of the Governor

The Court deliberated on whether the Governor has discretion under Article 200. Article 163 mandates that the Governor exercises functions based on the advice of the Council of Ministers except where specified otherwise by the Constitution. Historical cases like Shamsher Singh vs State of Punjab (1974) and Nabam Rebia (2016) have reinforced that the Governor is a constitutional head whose actions should be guided by the Council of Ministers.

Constitutional Interpretation and Commissions

• The Sarkaria and Punchhi Commissions reiterated that the Governor must act based on the Council's advice.
• Historical documents, like the Government of India Act, 1935, included the Governor's discretion, which was omitted in the Indian Constitution, indicating that the Governor needs to follow ministerial advice.

Judicial Decisions and Legislative Process

Cases like The State of Tamil Nadu vs The Governor Of Tamilnadu and Anr. (2025) illustrated that granting discretionary powers to the Governor could impede legislative processes. Therefore, the Governor cannot independently halt the legislative machinery.

Supreme Court's Time Limit

• The Court set a three-month limit for the Governor and President to decide on Bills to prevent delays that could stall state governance.
• The Constitution doesn't explicitly set such a time limit, but the Court's intervention was deemed necessary to ensure smooth legislative function.

Role of Article 355

Article 355 can be interpreted to allow the Union Government to ensure compliance with constitutional provisions by directing the Governor to act timely. Despite historical inactions, the Supreme Court's fixed timeline facilitates the legislative process.

Landmark Judgments

• Recent judgments in cases like State of Punjab vs Principal Secretary to the Governor (2023) and The State of Tamil Nadu vs The Governor Of Tamilnadu and Anr. emphasized federalism and clarified constitutional ambiguities.
• The evolution of Article 21 as seen in Maneka Gandhi (1978) illustrates that judicial interpretations evolve to meet new constitutional challenges.

In conclusion, the debate over the Governor's powers under Article 200 highlights the balance of constitutional interpretation and the role of judicial intervention in maintaining democratic processes.