Context:
In a first for India, the Tamil Nadu government has notified 10 State Bills into law without receiving the assent of either the Governor or the President. This unprecedented move comes after a Supreme Court ruling that such Bills, once re-adopted by the Assembly and sent to the President, are “deemed to have received assent” if no action is taken.
Key Highlights
- Historic First in Indian Legislature
- Tamil Nadu is now the first Indian state to enact laws without executive assent, relying entirely on the Supreme Court’s legal interpretation of “deemed assent.”
- Empowering State-Run Universities
- Most of the 10 Acts aim to transfer the authority to appoint Vice-Chancellors from the Governor (in his role as Chancellor) to the State Government, ensuring more direct control over higher education institutions.
- Supreme Court Verdict as Foundation
- The Supreme Court ruled that delayed or absent action by the President or Governor after a Bill is re-passed and forwarded can be interpreted as tacit approval, allowing the Bills to become law.
Article 200: Governor’s Assent to Bills
What Article 200 States
When a Bill is passed by the Legislative Assembly (and the Legislative Council, if applicable), it must be presented to the Governor. At this point, the Governor has the following options:
- Assent to the Bill – The Bill becomes law.
- Withhold assent – The Bill is effectively vetoed (though limited by constitutional constraints).
- Reserve the Bill for the consideration of the President – Especially applicable in sensitive or constitutionally significant matters.
Provisos Explained
First Proviso: Power to Return a Bill
- Applies only to non-Money Bills.
- The Governor can return the Bill to the legislature with a message:
- Recommending reconsideration of the entire Bill or specific provisions.
- Suggesting amendments.
- If the legislature passes the Bill again (with or without amendments) and resends it, the Governor is constitutionally bound to give assent. He cannot withhold assent in the second instance.
Second Proviso: Reservation for Presidential Consideration
- The Governor must reserve the Bill for the President if, in his opinion, it:
- Derogates from the powers of the High Court, and
- Endangers the constitutional position of the High Court.
- This provision ensures the independence and integrity of the judiciary, particularly the High Courts.
Judicial Interpretation and Current Relevance
In light of recent Supreme Court rulings (April 8, 2025), Article 200 is now interpreted with clear timelines and limitations:
- The Governor cannot exercise a ‘pocket veto’ (i.e., delay action indefinitely).
- If the legislature resubmits a Bill after reconsideration, assent is mandatory.
- Reservation for Presidential consideration must be limited, justified, and not based on political grounds.
Key Takeaway
Article 200 upholds democratic governance by:
- Ensuring legislative supremacy within States,
- Preventing arbitrary delays or political stalling, and
- Protecting the role of High Courts through constitutional checks.
Implications for Governance and Federalism
- Asserting State Autonomy
- The development is seen as a strong assertion of federal values and legislative independence, especially in sectors like education where States seek greater control.
- Reducing Executive Overreach
- Legal experts suggest that this sets a constitutional precedent that discourages prolonged withholding of assent by the Governor or President, thus ensuring smoother lawmaking.
