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Context:

The Supreme Court set aside Tamil Nadu Governor decision to withhold assent to pending Bills.

News in Detail

The Supreme Court (SC) said that the Tamil Nadu Governor was unfair to withhold his approval of 10 Bills passed by the state legislature. The court declared this action illegal.

The SC also set a time limit for Governors to decide on Bills sent to them by state governments.

This ruling is important because it will affect how Governors behave in other states like Kerala, West Bengal, Punjab, and Telangana, where similar issues exist.

What Does the Constitution Say About Governors?

The Constitution gives Governors specific powers when it comes to approving or rejecting Bills passed by state legislatures.

1. Grant Assent : The Governor can approve the Bill.
2. Withhold Assent : The Governor can reject the Bill.
3. Return for Reconsideration : The Governor can send the Bill back to the legislature and ask them to rethink parts of it.
4. Reserve for President : The Governor can send the Bill to the President of India if it deals with sensitive matters.

However, If the legislature sends the Bill back after reconsidering it, the Governor must approve it. They cannot keep sitting on it forever.

Recent Issue

The Tamil Nadu Governor held 10 Bills for a long time, when he acted, he rejected them. The state government complained to the SC, expressing the Governor was misusing his powers.

Highlights of the Court Judgement

• A Governor cannot delay decisions indefinitely.
• If the Governor sends a Bill back for changes and the legislature makes those changes, he must approve it the second time around.
• The Governor has three months to refer a Bill to the President if needed. Otherwise, he must decide within one month after the Bill comes back from the legislature.
• The SC used its special power under Article 142 to declare the 10 Bills as approved because the Governor waited too long and didn’t follow earlier court rulings.

How Does This Affect Other States?

This ruling isn’t just about Tamil Nadu. Other states like Kerala, West Bengal, Punjab, and Telangana have similar problems with their Governors sitting on Bills for months or years. For example:

• In Kerala , three Bills have been pending with the Governor for over two years..
• In Telangana, more than 10 Bills have been stuck since September 2022.

These states can now take this SC decision as a precedent to push their Governors to act quickly. Because of this SC ruling, Governors in these states will now have to act faster and follow the rules. 

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Source:

 INDIAN EXPRESS

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