In this case, the Court found the Tamil Nadu Governor’s actions to be illegal. The Governor had reserved ten bills for the consideration of the President, despite the bills being re-presented to him after being reconsidered by the State legislature. The Court held that this was an erroneous exercise of power and ordered that any subsequent action taken by the President regarding those bills would not stand. The bills were deemed to have been assented to by the Governor on the date they were reconsidered by the legislature. This decision was made under the Court’s inherent powers under Article 142 of the Constitution, ensuring complete justice in the case.Timelines for GovernorsAlthough Article 200 does not specify a strict timeline for the Governor’s actions, the Court observed that it would be unreasonable to allow indefinite delays in deciding on bills. The phrase “as soon as possible” in the Constitution infuses a sense of urgency, and the Governor must act within a reasonable time. To establish a judicial standard and prevent arbitrary delays, the Court introduced specific timelines for Governors to follow:If the Governor withholds assent or reserves a bill for the President, they must act within a maximum of one month, based on the advice of the State Council of Ministers.If the Governor withholds assent contrary to the advice of the State Council of Ministers, they must return the bill, along with a message, within three months.If the Governor reserves a bill for the President against the advice of the State Council, they must do so within three months.If a bill is re-presented to the Governor after reconsideration, they must grant assent within a maximum of one month.Failure to comply with these timelines will subject the Governor’s inaction to judicial review, ensuring that the democratic process is not hindered by unnecessary delays. Governor’s Discretion and Judicial ReviewThe Supreme Court clarified that the Governor must generally act on the advice of the State Council of Ministers, with few exceptions as outlined in the Constitution. The only instances where the Governor can exercise discretion are those specifically required by the Constitution, such as the reservation of bills for Presidential consideration. This approach is consistent with the broader principle that the Governor, as a formal head of state, acts on the advice of the Council of Ministers, except where discretion is explicitly mandated.
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