Governor

Governor: Recently, the Supreme Court said that a Governor cannot reserve a Bill for the President’s consideration if it is presented for the second time after being returned under Article 200.

• Key Highlights of SC Verdicts: Court clarified that the Governor must grant assent to a re-passed Bill within one month.
• Three-month limit set for reserving Bills for President, but only in the first instance, not after reconsideration.
• About: Governor is an unelected constitutional authority and acts as the Head of the State.

o Governor’s role in lawmaking includes granting, withholding, returning, or reserving Bills.

o Discretionary powers of the Governor must be constitutionally bound and non-arbitrary.

• Governor’s Powers under Article 200:

o Article 200 empowers the Governor to: (1) Grant assent, (2) Withhold assent, (3) Return for reconsideration, (4) Reserve for President.

o Proviso to Article 200 mandates the Governor to return Bills promptly with a message, except Money Bills.

o Re-passed Bill by the State Assembly requires the Governor to mandatorily grant assent.

• Recent Issues: Supreme Court (2023) held that a Governor cannot stall lawmaking by indefinitely withholding assent.

o Tamil Nadu case (2025) clarified that reservation for President is invalid after re-passage of the Bill.

o Expression ‘in his discretion’ from the 1935 Act was omitted in Article 200, limiting the Governor’s discretion.