Pending Bill: Gubernatorial Inaction

Pending Bill: Gubernatorial Inaction

Pending Bill: Gubernatorial Inaction


  • The Governor of Tamil Nadu was recently in the headlines again after the Tamil Nadu Assembly issued a resolution urging the President of India, among other things, to set a timeframe for assent to bills passed by the Assembly.
  • The Governor’s public comments on April 6, hinting that if the Bill passed by the assembly violates constitutional restrictions, it is the Governor’s responsibility not to provide assent, was the immediate impetus for the resolution. Several Assembly-passed bills are still waiting because the Governor has not decided.

Points to ponder(From Newspaper):

    • The Tamil Nadu Assembly passed a resolution encouraging the President of India to set a timetable for the assent of bills passed by the Assembly.
    • The resolution was voted in reaction to the Governor’s assertion that if a bill enacted by the legislature violates constitutional restrictions, he has a duty not to provide assent.
    • Several Assembly-passed bills are still waiting because the Governor has not decided.
    • According to Article 355 of the Constitution, it is the Union’s responsibility to ensure that the government of each State is carried out in line with the requirements of the Constitution.
    • The Governor’s decision to sit on bills passed by the Assembly indefinitely creates a situation in which state government cannot be carried out following constitutional provisions.
    • If the Governor fails to act following the Constitution, the State government has a constitutional duty to invoke Article 355 and notify the President, requesting that she issue appropriate instructions to the Governor to ensure that the government is carried out per the Constitution.
    • Article 200 gives the Governor alternatives when a Bill is brought to him after it has been enacted by the legislature, and he is compelled to execute one of them. The options are:
          • to give assent
          • to withhold assent
          • to send it back to the Assembly to reconsider it
          • or to send the Bill to the President for his consideration
  • The Governor is acting against constitutional instruction by sitting on a Bill passed by the Assembly, and a judicial decision is required to clear the air.
  • In the United Kingdom, the Governor has the authority to refuse assent, but this power has not been used since Queen Anne’s reign.
  • Refusing royal assent because the monarch vehemently opposed the Bill or that it was highly contentious would be unconstitutional.
  • Because the Governor can only utilise his executive powers on the recommendation of the Council of Ministers, several experts question why the Council of Ministers should advise the Governor to withhold assent after the Assembly has passed the Bill.

Governor and His Powers

    • The Governor of a state is selected by the President for a five-year term and serves at the discretion of the President.
    • The Governor has executive power in the state, and he is assisted and advised by the Council of Ministers, which is led by the Chief Minister.
    • Under Articles 371A and 371H of the Constitution, the Governor has specific responsibility for law and order in Nagaland and Arunachal Pradesh, respectively. After discussing with the Council of Ministers, the Governor may use independent judgement.
    • The Sixth Schedule grants the Governor discretionary authority in subjects relating to royalty sharing between district councils and state governments in tribal territories of Assam, Meghalaya, Tripura, and Mizoram.
  • The Governor is in charge of executive, legislative, financial, and judicial activities.
  • The Council of Ministers executes the Governor’s executive responsibilities in his name, and he has extensive administrative powers during a state of constitutional emergency.
  • The Governor has legislative authority to approve, deny, or return bills for reconsideration. He has the authority to call, prorogue, and dissolve the legislative assembly.
  • The Governor has financial authority, including the authority to deliver annual financial accounts to the legislature, recommend grants, and spend contingency reserve monies for unanticipated needs.
  • When nominating judges to the State High Court, the Governor meets with the President.

Similar Topics:

T.N. House Resolution Asks Centre To Set a Time Limit For Governor For Clearing Bills

Discretionary Powers of Governor