Question Details

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]


Governor Y receives a bill from the State Assembly and, after careful consideration, decides to withhold assent, promptly returning it with a message for reconsideration. The State Assembly then re-enacts the bill without any change and sends it back to Governor Y. What is the constitutional obligation of Governor Y at this point?

Options

A

Governor Y has no choice but to give assent to the re-enacted bill, as the Supreme Court has ruled that the Governor cannot withhold assent for a second time

B

Governor Y can again withhold assent if they continue to disagree with the bill’s content, sending it back for further reconsideration

C

Governor Y can refer the bill to the President of India for a final decision, exercising a higher discretionary power

D

Governor Y can dissolve the State Assembly for consistently passing erroneous bills

Show Answer

Correct Answer :

Option A

Governor Y has no choice but to give assent to the re-enacted bill, as the Supreme Court has ruled that the Governor cannot withhold assent for a second time

Solution :

Correct Answer: Governor Y has no choice but to give assent to the re-enacted bill, as the Supreme Court has ruled that the Governor cannot withhold assent for a second time


Step-by-Step Explanation:

1. Analyze the Passage:
The passage states that under Article 200 of the Constitution and affirmed in the Supreme Court judgment (State of Tamil Nadu v. Governor of Tamil Nadu, 2025), if assent to a bill is withheld, it must be returned to the legislature for reconsideration. It explicitly specifies: "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."


2. Apply to the Scenario:
- Governor Y returned the bill for reconsideration.
- The State Assembly re-enacted the bill and sent it back to Governor Y.
- Therefore, Governor Y is constitutionally obligated to give assent to the re-enacted bill and has no option/discretion to withhold assent again.


3. Conclusion:
The option that accurately describes Governor Y's constitutional obligation is that Governor Y has no choice but to give assent to the re-enacted bill.

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