Case Comment: The State Of Tamil Nadu Versus The Governor Of Tamil Nadu And Another
- IJLLR Journal
- Aug 4
- 2 min read
Akshat Jain, B.A. LL.B. Symbiosis Law School, Noida
INTRODUCTION
This paperwork comprehensively studies the recent judgement ruled by the Supreme Court of India.
The case primarily deals with the conundrums that arose from the constitution related to the power of the governor to assent to the bills framed by the state legislature.
The fundamental question revolves around Articles 200 and 201 of the Indian Constitution, which are related to the governor’s power to strike, assent to or pass the bill for presidential consideration.
In addition to the above, the court also discussed the concept of veto – absolute and pocket veto – and the governor’s power to veto any bill.
The article is silent about the time frame to do so, giving an indefinite time to the governor to assent to the bill. The argument was also drawn pointing to the consequences of this loophole and how it could be perfidiously used, which is really a serious issue and a threat towards the constitutionality and Indian democracy.
In crux, this judgement addressed the limits of gubernatorial discretion and clarified the constitutional duties of the governor.
FACTUAL BACKGROUND
The Tamil Nadu State Legislature introduced a total of 12 bills to the governor between January 13, 2020, and April 28, 2023, which were neither assented to nor returned for two years. The unjust delay in the time period triggered the State Government of Tamil Nadu to end up filing a writ petition.
The Tamil Nadu State Legislature introduced a total of 12 bills to the governor between January 13, 2020, and April 28, 2023, which were neither assented to nor returned for two years.
On November 18, 2023, the state government repassed 10 bills which were withheld from the governor again. Instead of passing them, he sent them to the president of India for consideration under Article 200, second proviso.
The unjust delay and prolonged inaction by the governor triggered the state government of Tamil Nadu to end up filing a writ petition before the hon’ble Supreme Court of India.
