Source: SC judgment on Tamil Nadu governor’s case recognises the political value of time and is a win for states, The Indian Express, April 14, 2025
Source: Supreme Court’s judgment on Tamil Nadu governor: Why governors are so partial to the Centre, The Indian Express, April 10, 2025
The Supreme Court’s verdict in the State of Tamil Nadu vs. Governor of Tamil Nadu, 2023 mandates a 3-month deadline for the President to act on bills referred under Article 201, reinforcing the role of elected representatives over unelected governors. The ruling emphasizes that governors must act within constitutional boundaries and cannot override legislative processes based on political considerations.
Constitutional Clarity: Assent Timelines Introduced
- SC Mandates Deadline: The Supreme Court, in the State of Tamil Nadu vs. Governor of Tamil Nadu (2023), set a 3-month limit for the President to decide on bills referred by governors under Article 201.
- Use of Article 142: The Court exercised its extraordinary powers to establish this timeline, ensuring that delays in gubernatorial decisions do not stall the legislative process.
Federalism Strengthened: Power Balance Reasserted
- Governor Bound by Council of Ministers: The ruling emphasized that governors must act on the advice of elected state governments when dealing with legislation, reinforcing state autonomy.
- Not Union Agents: Governors, though appointed by the Centre, are not its agents. The Court reaffirmed the Constituent Assembly’s vision of governors as neutral arbiters, not political tools.
Historical and Constitutional Context: A Shift from Colonial Legacy
- Curtailing Colonial Practices: Referencing historical documents and foreign models, the Court noted that the Indian Constitution intentionally restricted governors’ discretion to avoid authoritarian tendencies.
- Democracy First: The judgment upheld the primacy of elected legislatures in law-making, stating governors cannot disrupt this democratic process using individual judgment.
Security of Tenure: Ensuring Governor’s Independence
No Job Security Encourages Partisanship
Unlike judges, governors lack tenure security, making them vulnerable to political pressure.
Recommendation for Reform
Providing fixed terms or job protection may help governors act independently, as intended in their constitutional role.
Distribution of Powers: Respecting Constitutional Boundaries
- Federal Distribution Reaffirmed: The Constitution clearly demarcates the powers of the Union and the states through the Seventh Schedule. The Court reiterated that neither should dominate in List III (Concurrent List) matters.
- Shared Governance Model: A cooperative federal structure demands mutual respect and coordination rather than a zero-sum rivalry over legislative competence.
- Regulated Discretion: The Court ruled that gubernatorial discretion must be reasonable, unbiased, and based on sound judgment—not dictated by the Centre or used arbitrarily.