The Tamil Nadu assembly on April 10 adopted a resolution to urge the Centre and President to fix a timeframe for governors to approve bills adopted by the House.
- The adoption of the resolution came days after the governor’s remarks that bills, which are withheld, should be considered “dead”.
- The governor is yet to give his assent to nearly 20 bills cleared by the state cabinet since he took office in September 2021.
Governor’s point of view
- Recently, the Governor of Tamil Nadu said a Governor is a constitutional institution and the first and foremost responsibility of a Governor is to protect the Constitution.
- He then elaborated on the role of a Governor as per the Constitution with regard to Bills passed by the Assembly and sent for assent. Stating that the Governor is part of the Legislature that comprises the Assembly and the Legislative Council (where it exists), he said giving assent to a Bill is a constitutional responsibility: The Governor has to see whether the Bill is exceeding the constitutional limit and whether the State is exceeding its competence.
Article 200. Assent to Bills :
- When a Bill has been passed by the Legislative Assembly of a State or, in the case of a State having a Legislative Council, has been passed by both Houses of the Legislature of the State, it shall be presented to the Governor and the Governor shall declare either that he assents to the Bill or that he withholds assent therefrom or that he reserves the Bill for the consideration of the President.
- Provided that the Governor may, as soon as possible after the presentation to him of the Bill for assent, return the Bill if it is not a Money Bill together with a message requesting that the House or Houses will reconsider the Bill.
- The House or Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the House or Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent therefrom.
- Provided further that the Governor shall not assent to, but shall reserve for the consideration of the President, any Bill which in the opinion of the Governor would, if it became law, so derogate from the powers of the High Court as to endanger the position which that Court is by this Constitution designed to fill.
- In some cases, even if a subject is in the Concurrent List and a State has passed a Bill, the Governor cannot give assent because Parliament has passed a law, and it has to go to the President. The Governor sends it to the President. Again, the President can withhold the Bill or give assent to it.
- According to the Constitution, the governor cannot reject a bill sent by the assembly. The Constitution does not provide a timeframe for the governor to decide on either of the two.
