Comprehension
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 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]
Question: 1

The Legislative Assembly of State X passes a controversial bill and sends it to the Governor for assent. The Governor, strongly disagreeing with the bill's provisions, decides to neither give assent nor return the bill, hoping it will be forgotten over time. Which of the following statements accurately describes the legal position of the Governor's action?

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A Governor must either give assent, withhold assent by returning the bill, or reserve it for the President. Silence is not a constitutional option after the 2025 judgment.
Updated On: Dec 8, 2025
  • The Governor's action is a legitimate exercise of a "pocket veto", allowing for indefinite delay of bills
  • The Governor's inaction is unconstitutional, as the Supreme Court has explicitly rejected the power to an absolute or "pocket" veto, and they are obligated to return the bill "as soon as possible" if assent is withheld
  • The Governor is within their rights to delay the bill indefinitely as long as they do not explicitly reject it, reflecting the true spirit of gubernatorial discretion
  • The bill will automatically lapse after six months of gubernatorial inaction, making the delay a de facto rejection
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The Correct Option is B

Solution and Explanation

The Supreme Court judgment in {State of Tamil Nadu v. Governor of Tamil Nadu (2025)} clarified that: \begin{itemize} \item A Governor cannot exercise an absolute or “pocket” veto. \item Indefinite delay or inaction on a bill is unconstitutional. \item If assent is withheld, the Governor is constitutionally obligated to return the bill “as soon as possible” for reconsideration. \end{itemize} Therefore, the Governor’s refusal to act is unconstitutional, making option (B) correct.
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Question: 2

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?

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A Governor’s power to return a bill is a one-time opportunity. After reconsideration, a re-enacted bill must receive assent — no further discretion exists.
Updated On: Dec 8, 2025
  • 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
  • Governor Y can again withhold assent if they continue to disagree with the bill's content, sending it back for further reconsideration
  • Governor Y can refer the bill to the President of India for a final decision, exercising a higher discretionary power
  • Governor Y can dissolve the State Assembly for consistently passing erroneous bills
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The Correct Option is A

Solution and Explanation

Article 200 of the Constitution makes it clear that: \begin{itemize} \item The Governor may return a bill only once for reconsideration. \item If the State Legislature re-enacts the bill without changes, the Governor is constitutionally bound to give assent. \end{itemize} The Supreme Court in the 2025 judgment ({State of Tamil Nadu v. Governor of Tamil Nadu}) reaffirmed that the Governor cannot withhold assent a second time. Therefore, Governor Y must give assent to the bill.
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Question: 3

After the Supreme Court's judgment in {State of Tamil Nadu v. Governor of Tamil Nadu (2025), a State Governor holds a bill for eight months without taking any action—neither assenting nor returning it. The State Government believes that this delay is unconstitutional. Based on the precedent set by the judgment, what recourse is available to the State Government?}

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After the 2025 ruling, the courts can be approached whenever a Governor violates constitutional timelines—silence is challengeable.
Updated On: Dec 8, 2025
  • The State Government must wait for a full year before any action can be taken, as gubernatorial delays are typically permitted for this duration
  • The bill automatically lapses after six months of inaction, making any further action by the State Government unnecessary
  • The State Government's only recourse is to re-enact the bill, which would then compel the Governor to act
  • The State Government can approach the courts, as the judgment had prescribed timelines for the Governor's actions on bills since indefinite delay was construed unconstitutional
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The Correct Option is D

Solution and Explanation

In the 2025 judgment, the Supreme Court held that: \begin{itemize} \item A Governor's indefinite inaction is unconstitutional. \item Governors must act within a reasonable time frame, as prescribed in the judgment. \item If the Governor violates these timelines, the State Government may seek judicial intervention. \end{itemize} Therefore, the correct constitutional recourse is for the State Government to approach the courts.
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Question: 4

In a situation mirroring the Tamil Nadu case, a Supreme Court bench is reviewing several instances where a particular Governor has indefinitely delayed assent on multiple bills passed by the State Assembly, despite Constitutional obligations. If the Supreme Court decides to follow the precedent established in {State of Tamil Nadu v. Governor of Tamil Nadu (2025) regarding pending bills, what would be a likely outcome for these delayed bills?}

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“Deemed assent” is the Supreme Court’s corrective tool to prevent misuse of gubernatorial inaction and uphold legislative functioning.
Updated On: Dec 8, 2025
  • The Supreme Court would order the Governor to explicitly reject all the delayed bills
  • The Supreme Court would direct the State Assembly to conduct a public referendum on each delayed bill
  • The Supreme Court could deem assent on the pending bills, establishing a critical precedent for judicial review of gubernatorial powers in such cases, as it did in the Tamil Nadu case
  • The Supreme Court would advise the Governor to seek legal counsel and then re-evaluate each bill individually without a set timeline
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The Correct Option is C

Solution and Explanation

In the 2025 judgment, the Supreme Court exercised its powers under Article 142 to: \begin{itemize} \item declare indefinite gubernatorial delay unconstitutional, \item hold that Governors cannot keep bills pending without action, \item and most importantly, deem assent on pending bills that were unreasonably delayed. \end{itemize} If the Court follows the same precedent, it may again deem assent to the delayed bills, ensuring that governance is not obstructed by unconstitutional inaction.
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Question: 5

A newly appointed Governor publicly declares that he intends to use his discretion to permanently halt any legislation he deems inappropriate, by simply not acting on the bills, citing an inherent gubernatorial power. How does this declaration align with the constitutional interpretation provided by the Supreme Court of India?

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After the 2025 ruling, gubernatorial silence is not a form of discretion—every bill must elicit a constitutionally permitted response.
Updated On: Dec 8, 2025
  • The Governor's declaration is consistent with the broad discretionary powers traditionally afforded to Governors, allowing them significant influence over state legislation
  • The Governor's declaration is valid only for non-money bills, as money bills have different Constitutional protocols
  • The Governor's declaration is partially valid, as indefinite delay is permissible only if the State Assembly is not in session
  • The Governor's declaration is unconstitutional; the Supreme Court explicitly rejected the Governor's power to an absolute or "pocket" veto
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The Correct Option is D

Solution and Explanation

In the landmark 2025 judgment (*State of Tamil Nadu v. Governor of Tamil Nadu*), the Supreme Court held: \begin{itemize} \item A Governor cannot exercise an absolute or “pocket veto.” \item Indefinite inaction on a bill is unconstitutional. \item The Governor must act within a reasonable timeframe, either by assenting, withholding assent, or reserving the bill for the President. \end{itemize} Therefore, the Governor’s public declaration to permanently halt legislation through silence is unconstitutional.
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Question: 6

What are the three primary courses of action for a Governor when a Bill is enacted by the State Assembly and sent to him/her for assent? Which option correctly lists these three courses?

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Remember: “Reserve for the President” is always one of the Governor’s three options. Any choice missing it is automatically incorrect.
Updated On: Dec 8, 2025
  • (i) Give assent, (ii) Veto absolutely, or (iii) Refer to the Supreme Court
  • (i) Give assent, (ii) Withhold assent (allowing the Bill to fail, unless the proviso is followed), or (iii) Recommend amendments
  • (i) Give assent, (ii) Withhold assent (with the option to return for reconsideration), or (iii) Reserve for the consideration of the President
  • (i) Give assent, (ii) Return for reconsideration, or (iii) Refer to the Union Government
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The Correct Option is C

Solution and Explanation

Under Article 200 of the Constitution, a Governor has only three constitutionally valid options when a Bill is presented: \begin{enumerate} \item Give assent to the Bill. \item Withhold assent, which includes the power to return the Bill once to the Legislature for reconsideration. \item Reserve the Bill for the consideration of the President, typically in cases involving constitutional doubts or matters of national importance. \end{enumerate} Thus, only option (C) accurately lists all three actions.
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