The Supreme Court ruled that Article 200 of the Constitution expects the Governor to inform the state government of reasons for withholding assent to a Bill.

• Tamil Nadu state government challenged Governor R N Ravi’s decision to withhold assent to Bills and forward some to the President.
• The Attorney General argued that the Governor did not need to provide reasons since the Bill conflicted with UGC Regulations.
• The Attorney General cited a five-judge bench ruling, which referred to a seven-judge bench stating that exceptions exist where the Governor can act at his discretion.
• SC clarified that discretionary powers cannot override the Constitution’s main provisions.

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Governor’s Powers with Bills

• Article 200: Governor’s Role in Assenting to Bills
• When a Bill is passed by the Legislative Assembly of a State, it is presented to the Governor, who has the following options:
  • Give Assent: The Governor may approve the Bill, making it a law.
  • Withhold Assent: The Governor may refuse to approve the Bill, effectively rejecting it.
  • Return for Reconsideration: 
    • The Governor may send the Bill back to the Legislature with suggested modifications. (except when re-passed by both the Houses or it’s a money bill).
    • If the Legislature passes the Bill again without any changes, the Governor is bound to give assent.
  • Refer to the President: The Governor may forward the Bill to the President for further consideration.
• Article 201: President’s Role in Reserved Bills
• When the Governor reserves a Bill for the President’s consideration, the President has the following options:
• Give Assent: The Bill becomes law.
• Withhold Assent: The Bill is effectively rejected.
• Return for Reconsideration:
• • The President may send the Bill back to the State Legislature for amendments.
  • If the Legislature passes the Bill again, the President is not obligated to grant assent.

Circumstances for Reserving a Bill for the President

• The Governor is required to reserve a Bill if: It threatens the position of the State High Court.
• Additionally, the Governor may choose to reserve a Bill if it:
  • Violates any provision of the Constitution.
  • Conflicts with the Directive Principles of State Policy (DPSP).
  • Goes against the broader national interest.
  • Has significant national importance.
  • Deals with compulsory acquisition of property under Article 31A of the Constitution.

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Discretionary Powers of the Governor

• Article 163: Provides discretionary powers in specific situations, such as:
  • Appointing a Chief Minister when no party has a clear majority.
  • Acting in times of a no-confidence motion.
• Article 356: Allows the Governor to recommend President’s Rule if the state government fails to function as per the Constitution.

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