Read the following passage carefully and answer the questions that follow. The recent Supreme Court judgment in State of Tamil Nadu v. Governor of Tamil Nadu (2025) affirmed that a Governor cannot exercise an absolute or ”pocket” veto on bills, holding that if assent is withheld, the bill must be returned to the legislature ”as soon as possible” for reconsideration, with the Governor having no discretion to withhold assent again. The court established that inaction or indefinite delay is illegal and unconstitutional, prescribing timelines for the Governor’s decision and even ”deeming assent” on pending bills in the Tamil Nadu case, establishing a critical precedent for judicial review of gubernatorial powers. The Supreme Court explicitly rejected the Governor’s power to an absolute or ”pocket” veto, which allows for bills to be indefinitely delayed.
If a Governor withholds assent to a bill, they are constitutionally obligated to return it to the State Assembly for reconsideration, according to the proviso in Article 200 of the Constitution. If the State Assembly re-enacts a bill after it has been returned by the Governor, the Governor has no choice but to give assent to it and cannot withhold it for a second time. The Court held that indefinitely delaying or remaining silent on bills is unconstitutional and that Governors must act ”as soon as possible” on bills. The judgment expanded the scope of judicial review by setting timelines for the Governor’s actions on bills, allowing state governments to approach courts if these timelines are breached. In the case of the Tamil Nadu, the Court used its powers under Article 142 to ”deem assent” on the long-pending bills, which had the effect of making any subsequent decision by the President on those bills void. (276 words)
[Extracted with edits & revisions from ”The Hindu”, dated 8th April 2025]
A newly appointed Governor publicly declares that he intend to use his discretion to permanently halt any legislation he deems inappropriate, by simply not acting on the bills, citing an inherent gubernatorial power. How does this declaration align with the constitutional interpretation provided by the Supreme Court of India?
Correct Answer :
The Governor’s declaration is unconstitutional; the Supreme Court explicitly rejected the Governor’s power to an absolute or ”pocket” veto
Solution :
The correct answer is: The Governor’s declaration is unconstitutional; the Supreme Court explicitly rejected the Governor’s power to an absolute or ”pocket” veto
Step-by-Step Explanation:
1. Understand the Governor's Declaration:
The Governor claims an inherent right to use discretion to permanently halt legislation by simply taking no action on the bills.
2. Analyze the Passage and Supreme Court Ruling:
According to the passage, the Supreme Court judgment in State of Tamil Nadu v. Governor of Tamil Nadu (2025) explicitly affirmed that:
• A Governor cannot exercise an absolute or "pocket" veto on bills.
• Inaction or indefinite delay by a Governor is illegal and unconstitutional.
• If assent is withheld, the bill must be returned "as soon as possible" to the state legislature for reconsideration.
• If the Assembly re-enacts the bill, the Governor has no choice but to give assent and cannot withhold it a second time.
3. Evaluate the Options:
• Option 1: Incorrect, because the judgment ruled that inaction/delay is illegal rather than consistent with traditional discretionary powers.
• Option 2: Incorrect, because the prohibition against absolute or pocket vetoes applies generally without making such an exception.
• Option 3: Incorrect, as the court held that indefinitely delaying or remaining silent on bills is unconstitutional without qualification.
• Option 4: Correct, because the Governor's statement directly violates the Supreme Court's clear ruling that explicitly rejected pocket/absolute vetoes and declared indefinite delay unconstitutional.
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