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]
What are the three primary courses of action for a Governor when a Bill is enacted by the State Assembly and sent to him/her for his/her assent. Which option correctly lists these three courses?
Correct Answer :
(i) Give assent, (ii) Withhold assent (with the option to return for reconsideration), or (iii) Reserve for the consideration of the President
Solution :
The correct answer is: (i) Give assent, (ii) Withhold assent (with the option to return for reconsideration), or (iii) Reserve for the consideration of the President.
Explanation:
Under Article 200 of the Constitution of India, when a Bill passed by the State Legislative Assembly is presented to the Governor, the Governor has three primary options:
1. Give assent to the Bill, making it a law.
2. Withhold assent to the Bill (which, as clarified by the proviso and the Supreme Court judgment, obligates the Governor to return it to the State Assembly for reconsideration "as soon as possible").
3. Reserve the Bill for the consideration of the President of India.
The judgment explicitly notes that a Governor cannot exercise an absolute or "pocket" veto to delay bills indefinitely. Therefore, the options listing absolute veto or referral to the Supreme Court/Union Government are incorrect under constitutional law.
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