In a significant ruling on the powers of Governors, the Supreme Court has clarified that Governors do not have discretionary authority under Article 200 of the Constitution when dealing with Bills passed by state legislatures. The Court emphasized that, as a general rule, the Governor must act based on the advice of the Council of Ministers, and may reserve a Bill for the President’s consideration only in exceptional circumstances.
A Bench led by Justice JB Pardiwala, along with Justice R Mahadevan, delivered this verdict while deciding on a plea by the Tamil Nadu Government against its Governor for inaction on several Bills. The Bench noted that the framers of the Constitution did not intend for Governors to routinely withhold assent or delay Bills arbitrarily. The removal of the phrase “in his discretion” during the adaptation of Section 75 of the Government of India Act, 1935 into Article 200 was cited as clear evidence of the framers’ intent to limit the Governor’s discretion.
Describing the Governor’s role as that of a “friend, philosopher and guide,” the Court stressed that the Governor should ideally engage with the Council of Ministers before a Bill is introduced, rather than obstruct the legislative process. Any action that undermines the will of the elected legislature, the Court said, would violate the Governor’s constitutional oath and the democratic mandate of the people.
The Bench also asserted that the Governor’s discretion under Article 200 is limited to specific cases outlined in the Constitution, particularly the second proviso to Article 200 and Article 163(1). The only clear instance where discretion is allowed is when a Bill, if assented to, would infringe upon the powers of the High Court. Even in such cases, the Governor’s decision is subject to judicial review.
In conclusion, the Court ruled that the Governor must comply with the advice of the Council of Ministers while exercising functions under Article 200, reaffirming the constitutional balance of power between the executive and the legislature.
