About Governor’s Assent to Bills:
- Why in News: The Supreme Court of India addressed the delay by Tamil Nadu Governor R.N. Ravi in assenting to 12 Bills sent by the State government. These Bills, primarily related to higher education and the appointment process of Vice-Chancellors in State Universities, had been pending for over three years.
- What is the process of granting assent?
- Assent of the Governor or the President is necessary for a Bill passed by the legislature to become law. After a Bill is passed by both Houses of the State Legislature, it is presented to the Governor for assent.
- Governor’s Options (Article 200):The Governor has the power to:
- Grant Assent: The Bill becomes law.
- Withhold Assent: The Governor can withhold assent, but it must be returned to the Legislative Assembly for reconsideration.
- Return for Reconsideration (except Money Bills): If the Governor returns the Bill, the Legislature can amend it. If re-passed, the Governor must assent.
- Money Bills are automatically deemed assented to by the Governor.
- Reserve for President’s Consideration (Article 201): If the Governor believes the Bill affects the Constitution or has national importance, it can be reserved for the President’s consideration.
- Discretionary Powers: The Governor can withhold assent if the Bill is against national interests, violates the Constitution, or conflicts with Union laws, though this power is not absolute.
- Article 167: The Governor may require the Chief Minister to communicate decisions of the Council of Ministers, including Bills pending for assent.
- No Timeline for Decision: There is no specified timeline within which the Governor must act, often leading to delays or a “pocket veto.”
- The Sarkaria Commission (1988)and the National Commission to Review the Working of the Constitution (2000) recommended time limits for granting assent (e.g., 6 months for assent, 3 months for President’s decision). There are ongoing debates on enforcing such timelines.
Judicial Review: The Supreme Court has held that if the Governor’s decision to withhold assent is found to be mala fide (in bad faith), it can be subject to judicial scrutiny and struck down. Courts can review such actions for constitutionality (Rameshwar Prasad, 2006).
