Article 200

Supreme Court hearing petitions filed by the Tamil Nadu government against Governor RN Ravi’s decision to withhold assent to certain Bills and forward some to the President. The main issue revolved around the Governor withholding assent to a Bill that sought to remove the Governor as Chancellor of state universities .

Supreme Court’s Observations

  • Governor’s Duty to Communicate Reasons:
    • Article 200 expects the Governor to clearly communicate reasons for withholding assent to the state legislature.
    • This ensures the state government understands objections and can address them.
  • Governor’s Constitutional Role:
    • The Governor has an important role but must act within constitutional limits .
    • Cannot withhold assent arbitrarily or act beyond what is permitted by the Constitution.
  • Repugnancy Argument & UGC Regulations:
    • Attorney General (AG) argued that assent was withheld due to a conflict between the state law and central UGC Regulations .
    • The Court questioned why the Governor did not explicitly communicate this reason to the state government.

Discretionary Powers of the Governor

  • Governor’s powers are not absolute:
    • The Court emphasized that inherent powers of the Governor cannot override the main provisions of the Constitution .
    • The Constitution allows limited exceptions where the Governor can act in discretion , but these are not exhaustive .
  • Reference to Constitutional Bench Judgments:
    • The AG cited a Five-Judge Bench judgment on the Governor's discretionary powers.
    • The judgment also referred to a Seven-Judge Bench , which recognized some exceptions where the Governor may act in his own discretion .

Constitutional and Governance Implications

  • Federalism Concern :
    • The issue highlights tensions between the Government and the Governor , impacting federalism .
  • Judicial Scrutiny on Governor’s Actions:
    • The Supreme Court’s stance indicates that the Governor's actions are subject to judicial review .
  • Legislative Clarity:
    • The ruling underscores the need for clear communication between the Governor and the State Legislature to avoid conflicts.

Previous Questions for Mains:

  • Analyze the impact of the Governor’s discretionary powers on federalism in India.