Constitutional Standoff: TN Govt vs Governor & President: UPSC Current Affairs Story Arc
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ExploreCan a Governor effectively 'kill' a bill by sitting on it forever? The Supreme Court says no, recently treating 10 re-passed Tamil Nadu bills as 'assented' due to unconstitutional delays and setting a hard deadline for gubernatorial decisions.
Overview
This arc tracks a deepening constitutional crisis in Tamil Nadu involving the State Government, the Governor, and the President. It began with the Governor withholding assent to multiple bills, prompting a Supreme Court intervention that established a timeline for gubernatorial actions. However, the friction escalated when the Governor reserved the controversial NEET Exemption Bill for the President's consideration. Following the President's refusal to grant assent in late 2025, the Tamil Nadu government has now challenged this refusal in the Supreme Court. This case tests the limits of discretionary powers under Articles 200 and 201 and questions whether the President's veto over state legislation is subject to judicial review.
How This Story Evolved
SC judgment sets deadline for Governor's assent (Item 14) โ SC reiterates warning on delays amidst ongoing friction (Item 16) โ TN challenges President's refusal of the processed NEET bill (Item 6)
- 2025-04-09: Supreme Court Governor Assent Judgment
More details
UPSC Angle: SC criticizes TN Governor for delaying assent, sets time limits.
Key Facts:
- Judgement name: The State of Tamil Nadu v. The Governor of Tamil Nadu & Anr.
- Article 200: Specifies the four options a Governor has when a Bill is passed by the State Legislature.
- Supreme Court has set a timeline for the Tamil Nadu Governor to clear pending bills.
- The court stated that the Governor cannot indefinitely delay decisions on bills.
- Supreme Court clarified Governors must act on state bills in a time-bound manner.
- Governors must follow aid and advice of council of ministers, as per Article 200.
- State of Tamil Nadu v. The Governor of Tamil Nadu & Anr
- 2025-09-12: Supreme Court Addresses Governor Bill Delays
More details
UPSC Angle: Supreme Court to intervene on Governor bill delays if constitutional duties unmet.
Key Facts:
- Supreme Court of India: Will not sit idle if a constitutional authority fails to discharge his duties.
- Chief Justice of India: B.R. Gavai
- Sasikanth Senthil: Lok Sabha MP from Tiruvallur
- 2025-11-16: Tamil Nadu Challenges NEET in Supreme Court
More details
UPSC Angle: Tamil Nadu challenges NEET in Supreme Court.
Key Facts:
- The challenge concerns the President's refusal to grant assent to a Bill exempting Tamil Nadu from NEET.
Genesis
Trigger
The Supreme Court judgment in 'The State of Tamil Nadu v. The Governor of Tamil Nadu & Anr.' on 2025-04-09.
Why Now
The conflict peaked because the Governor delayed 10 re-passed bills indefinitely, forcing the State to seek judicial clarity on the word 'as soon as possible' in Article 200.
Historical Context
Tamil Nadu has a long-standing political opposition to NEET (National Eligibility cum Entrance Test), viewing it as an infringement on state autonomy and an entry barrier for rural students.
Key Turning Points
- [2025-04-09] SC sets timeline for Governor's assent in 'TN v. Governor' case.
It removed the Governor's 'pocket veto' by interpreting 'as soon as possible' as a mandatory directive.
Before: Governors could sit on bills for years. After: Governors must act in a time-bound manner.
- [2025-11-16] TN Government moves SC against President's refusal of NEET Bill.
Shifts the legal battle from the Governor's office to the President's office, testing the 'absolute' nature of Presidential veto.
Before: Presidential refusal was largely seen as final. After: The refusal itself is being litigated for constitutionality.
Key Actors and Institutions
| Name | Role | Relevance |
|---|---|---|
| B.R. Gavai | Chief Justice of India | Headed the bench that warned constitutional authorities will not be allowed to 'sit idle' on their duties (2025-09-12). |
| Sasikanth Senthil | Lok Sabha MP from Tiruvallur | Mentioned in the context of the ongoing dispute between opposition-ruled states and Governors (2025-09-12). |
Key Institutions
- Supreme Court of India
- Governor of Tamil Nadu
- President of India
- Tamil Nadu Legislative Assembly
Key Concepts
Article 200
Outlines the Governor's four options when a bill is passed: Assent, Withhold, Return for reconsideration, or Reserve for the President.
Current Fact: The SC on 2025-04-09 ruled that a Governor cannot indefinitely delay decisions on bills under this Article.
Article 201
Specifies that when a bill is reserved for the President, the President can either grant assent, withhold it, or direct the Governor to return it.
Current Fact: Tamil Nadu challenged the President's refusal of the NEET bill on 2025-11-16, marking a rare legal challenge to Article 201.
Constitutional Federalism
The principle that states have independent legislative spheres that must be protected from arbitrary central interference.
Current Fact: The SC judgment stated its intervention strengthens federalism by protecting the democratic will of state legislatures.
What Happens Next
Current Status
As of 2025-11-16, Tamil Nadu has moved the Supreme Court to declare the President's refusal of the NEET exemption bill unconstitutional.
Likely Next
The Supreme Court will likely form a Constitution Bench to decide if the President's power under Article 201 is 'absolute' or if it must be exercised on 'aid and advice' and within a reasonable timeframe.
Wildcards
A potential shift in the Central Government's stance on NEET or a broader SC ruling that mandates reasons for Presidential withholding of assent.
Why UPSC Cares
Syllabus Topics
- Structure, organization and functioning of the Executive and the Judiciary
- Functions and responsibilities of the Union and the States
- Constitutional posts
Essay Angles
- The Office of the Governor: A Bridge or a Barrier to Federalism?
- The Judiciary as the Sentinel on the Qui Vive of State Rights
Prelims Likely: Yes
Mains Likely: Yes
Trend Signal: rising
Exam Intelligence
Previous Year Question Connections
- Tested discretionary powers of the Governor, including reserving bills for the President. โ This arc directly tests the limits of that 'discretion' when it conflicts with the democratic will.
- Options available to the Governor under Article 200. โ The SC's April 2025 judgment adds a fifth 'deemed' option/timeline to these textbook options.
Prelims Angles
- Article 200 does not provide a timeline, but the SC has now interpreted 'as soon as possible' as a functional deadline.
- A Governor MUST reserve a bill for the President if it endangers the position of the High Court.
- When a bill is re-passed by the Assembly after being returned, the Governor must give assent (Article 200 proviso).
Mains Preparation
Sample Question: The Office of the Governor has evolved from a constitutional link to a point of friction in Indian federalism. In light of the recent Supreme Court intervention in Tamil Nadu, critically analyze the scope of gubernatorial discretion in the legislative process.
Answer Structure: Intro: Context of SC 2025 judgment โ Body 1: Constitutional provisions (Art 200/201) and the issue of 'indefinite delay' โ Body 2: Impact on Federalism and democratic mandate โ Critical Analysis: The Sarkaria & Punchhi recommendations vs. current practice โ Way Forward: Codifying timelines and judicial review of vetoes.
Essay Topic: Federalism in India: Cooperative, Competitive, or Confrontational?
Textbook Connections
Laxmikanth, M. Indian Polity. 7th ed. > Chapter 30: Governor > Legislative Powers > p. 317
Lists the 4 options of a Governor under Article 200.
Gap: Textbook says there is no time limit for the Governor to act; the 2025 SC judgment now effectively establishes a time-bound mandate.
Laxmikanth, M. Indian Polity. 7th ed. > Chapter 18: President > Presidential Veto over State Legislation > p. 196
Explains Article 201 where the President can withhold assent without a return-timeline.
Gap: This arc shows the first major legal challenge to this 'absolute' power regarding the NEET bill.
Quick Revision
- SC Judgment Date: 2025-04-09 (The State of TN v. The Governor).
- Article 200: Governor's options (Assent, Withhold, Return, Reserve).
- Article 201: President's power over reserved state bills.
- The SC stated it will not sit idle if constitutional authorities fail in their duties (2025-09-12).
- Tamil Nadu challenged the President's refusal of the NEET bill on 2025-11-16.
- Proviso to Art 200: If a bill is re-passed, the Governor cannot withhold assent.
- Key Legal Issue: Whether the President's veto under Art 201 is subject to judicial review.
Key Takeaway
This arc represents a historic judicial pushback against gubernatorial delays and marks a rare legal challenge to the President's power to veto state-level social legislation like NEET.
All Events in This Story (3 items)
- 2025-04-09 [Polity & Governance] โ Supreme Court Governor Assent Judgment
The Supreme Court of India criticized the Tamil Nadu Governor for unconstitutionally delaying assent to 10 re-passed Bills, effectively considering them as assented and setting time limits for future gubernatorial decisions. This strengthens India's constitutional federalism and protects the democratic will of state legislatures. When a bill is presented to the Governor, they have four options: grant assent, withhold assent, return the Bill for reconsideration (except Money Bills), or reserve the Bill for the President's consideration.More details
UPSC Angle: SC criticizes TN Governor for delaying assent, sets time limits.
Key Facts:
- Judgement name: The State of Tamil Nadu v. The Governor of Tamil Nadu & Anr.
- Article 200: Specifies the four options a Governor has when a Bill is passed by the State Legislature.
- Supreme Court has set a timeline for the Tamil Nadu Governor to clear pending bills.
- The court stated that the Governor cannot indefinitely delay decisions on bills.
- Supreme Court clarified Governors must act on state bills in a time-bound manner.
- Governors must follow aid and advice of council of ministers, as per Article 200.
- State of Tamil Nadu v. The Governor of Tamil Nadu & Anr
- 2025-09-12 [Polity & Governance] โ Supreme Court Addresses Governor Bill Delays
The Supreme Court of India has stated it will intervene if constitutional duties are not met by authorities, amidst disputes between Opposition-ruled States and Governors over delays in clearing crucial laws. Sasikanth Senthil is identified as a Lok Sabha MP from Tiruvallur.More details
UPSC Angle: Supreme Court to intervene on Governor bill delays if constitutional duties unmet.
Key Facts:
- Supreme Court of India: Will not sit idle if a constitutional authority fails to discharge his duties.
- Chief Justice of India: B.R. Gavai
- Sasikanth Senthil: Lok Sabha MP from Tiruvallur
- 2025-11-16 [Polity & Governance] โ Tamil Nadu Challenges NEET in Supreme Court
Tamil Nadu has moved to the Supreme Court against the President's refusal to approve a law exempting the state from NEET for medical admissions. The state seeks a declaration that the President's refusal is unconstitutional and that the 2021 Bill should be considered as having received approval.More details
UPSC Angle: Tamil Nadu challenges NEET in Supreme Court.
Key Facts:
- The challenge concerns the President's refusal to grant assent to a Bill exempting Tamil Nadu from NEET.
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