Context:
Supreme Court prescribes time limits for Governors to act on Bills.
Key Updates from SC Ruling:
- Constitutional Clarity – Supreme Court ruled that Governors cannot exercise “absolute veto” (withhold assent indefinitely) or “pocket veto” (keep bills pending indefinitely).
- The term “as soon as possible” under Article 200 emphasizes urgency in decision-making.
- SC, here, invoked Article 142 to ensure complete justice.
- Role of Advice – Governors must act on the aid and advice of the Council of Ministers and cannot exercise discretion unless the bill affects the powers of High Courts or Supreme Courts.
- Re-presented Bills – If a bill is re-passed without changes, the Governor is required to provide assent.
- Governors are prohibited from reserving such bills for the President’s consideration.
- Timelines – The SC established specific timelines for actions under Article 200:
- Withhold assent or reserve for President’s approval – 1 month
- Return for reconsideration – 3 months
- Grant assent to re-presented bills – 1 month
- Judicial Review – Failure to adhere to timelines would make the Governor’s inaction subject to judicial scrutiny.
Source: TH
Previous Year Question
Which of the following are the discretionary powers of the Governor of a State?
1. Sending a report to the President of India for imposing the President’s rule.
2. Appointing the Ministers.
3. Reserving certain bills passed by the State Legislature for consideration of the President of India.
4. Making the rules to conduct the business of the State Government.
Select the answers using the codes given below:
[UPSC Civil Services Exam – 2014 Prelims]
(a) 1 and 2 only
(b) 1 and 3 only
(c) 2, 3 and 4 only
(d) 1, 2, 3 and 4
Answer: (b)
Explanation:
Statement 2 and statement 4 are not correct. Appointing the Ministers and making the rules to conduct the business of the State does not come under the discretionary powers of the Governor of a State.