Drawing The Line On Gubernatorial Discretion
- IJLLR Journal
- Feb 24
- 2 min read
Disha Sharma, School of Law, Christ University, Bangalore
ABSTRACT
The Supreme Court’s ruling in the case of State of Tamil Nadu v Governor of Tamil Nadu constitutes a watershed moment in the evolution of the Indian Constitution on the extent of the Governor’s discretion under Articles 200 & 201 of the Indian Constitution. This paper will interrogate the ruling within the historical evolution of the Indian Constitution, the discipline of administrative law, as well as the ideals underlined in world constitutions that emerged during the struggle for independence, to contend that the interference on the Supreme Court’s part is a legitimate one under the Constitution and does not amount to Judicial Overreach.
The paper further examines the Court's interpretive methodology, particularly its consideration of the textualist and purposive approaches, including the weight it gives to the fact that the Constituent Assembly deleted the phrase "in his discretion" from Article 200. Further, the judgment falls within a broader trend in the Court's administrative law jurisprudence, grounded in the four traditional grounds of administrative law review: relevance of considerations, natural justice, absence of mala fides, and the giving of reasons for decisions. Holding certain observations in B.K. Pavitra v Union of India to be per incuriam reiterates the consistent view that gubernatorial discretion cannot be absolute or beyond the scope of judicial review.
In response to the criticism that imposing timelines amounts to “re- legislation” and judicial overreach into the separation of powers, this paper argues that the timelines merely provide a flexible framework for assessing reasonableness rather than rigid, mandatory requirements. The judgment prevents indefinite deferment akin to a “pocket veto,” thereby reinforcing legislative primacy in law-making while subjecting the exercise of discretion to the discipline of the rule of law.
Keywords: Governor, Article 200, Assent to Bills, Judicial review, Separation of powers.
