State Of Tamil Nadu Vs. Governor Of Tamil Nadu & Anr. WRIT PETITION (CIVIL) NO. 1239 OF 2023

By Krish & Chahat Jain, University Institute of Legal Studies PU, Chandigarh.

View Research Paper

Abstract

The Supreme Court’s decision in State of Tamil Nadu vs. Governor of Tamil Nadu & Anr. redefines the boundaries of gubernatorial discretion under Article 200 of the Indian Constitution. Addressing a long-standing conflict between legislative authority and executive delay, the Court held that the Governor cannot withhold assent indefinitely or reserve a repassed bill for Presidential consideration. Emphasizing the constitutional mandate, the judgment underscores that the Governor must act on the aid and advice of the Council of Ministers, preserving the spirit of democratic governance. The ruling challenges the notion of a “pocket veto” and curtails arbitrary decision-making, reinforcing the principle that the Governor functions as a facilitator, not an autonomous power center. While the decision upholds legislative supremacy and cooperative federalism, it leaves room for interpretation regarding the precise time frame within which the Governor must act, hinting at future legal debates on executive accountability.

Keywords: Gubernatorial discretion, legislative supremacy, Article 200, cooperative federalism, judicial review.

---

NLR-VB-25106.pdf

Download PDF • 282KB