Governor’s Assent to State Laws

Context: The Kerala government petitioned the Supreme Court challenging the actions of the Governor of Kerala and President Murmu regarding assent to Bills passed by the state legislature.

Governor’s Role in Lawmaking (Article 200)

• Can assent to the Bill, withhold assent, or reserve the Bill for the President’s consideration.
• If assent is withheld, the Governor must return the Bill to the legislature for reconsideration.
• Once reconsidered, the Governor cannot withhold assent again.
• Key issue: The interpretation of “as soon as possible” for the Governor’s decision.

President’s Role in Lawmaking (Article 201)

Presidential Assent for Reserved Bills (Article 201)

• If the Governor reserves a Bill, its enactment relies on the President’s assent or refusal.
• The President can:
  • Grant assent to the Bill.
  • Withhold assent from the Bill.
  • Return the Bill for reconsideration (if it is not a Money Bill).

Reconsideration of Reserved Bills:

• The legislature must reconsider a returned Bill within six months.
• Once passed again, it is presented to the President.
  • Unlike Governors, Presidents have the final say on Bills reconsidered by the legislature.
• The President is not obligated to grant assent to a reconsidered Bill.

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Kerala’s Arguments

• Governor of Kerala and President Murmu’s actions violate Article 200 by not acting “as soon as possible.”
• This undermines the state legislature and its lawmaking function.
• President Murmu withholding assent without reasons violates Article 201 which requires a message with recommendations.

Examples from Other States

• Tamil Nadu: Governor withheld assent to Bills for over two years and refused to appoint a minister chosen by the state government.
• Telangana: Former Governor Soundarajan withheld assent to Bills but gave assent shortly before facing elections.
• Punjab: Governor refused assent due to alleged legal issues but didn’t return the Bills for reconsideration (later struck down by SC).

Current Situation

• The Supreme Court has previously criticised Governors for extended delays but hasn’t provided a specific timeline for decisions.
• The Kerala case specifically asks the court to address the lack of a timeline for Governors’ decisions on Bills.

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