SF Prep Notes

Supreme Court in State of Tamil Nadu v. Governor of Tamil Nadu sets timelines under Article 200; ten Bills deemed assented

On 8 April 2025, a Supreme Court bench of Justices J.B. Pardiwala and R. Mahadevan held the Governor's reservation of ten re-passed Tamil Nadu Bills for the President illegal, declared them deemed assented under Article 142, and prescribed timelines for Governors and the President.

Summary

In State of Tamil Nadu v. Governor of Tamil Nadu (W.P.(C) No. 1239 of 2023; 2025 INSC 481), decided on 8 April 2025 by Justices J.B. Pardiwala and R. Mahadevan, the Supreme Court examined the Governor's handling of Bills passed by the State Legislature. The judgment records that on 13 November 2023 the Governor withheld assent to ten Bills; the Assembly re-passed them in a special session on 18 November 2023; and on 28 November 2023 the Governor reserved them for the President's consideration. The Court held that, as a general rule, a Governor cannot reserve a Bill for the President once it is presented again after reconsideration under the first proviso to Article 200, and that the reservation of the ten Bills was illegal and erroneous in law; subsequent action on them by the President was also set aside. Using Article 142, it declared the Bills deemed to have been assented to on the date they were presented to the Governor after reconsideration. Noting that Article 200 has no express time limit, the Court prescribed timelines: action on aid and advice within a maximum of one month; return of a Bill with a message (when withholding assent against advice) within three months; reservation for the President against advice within three months; and assent to a re-presented Bill within one month. It also held that the President should decide on Bills reserved under Article 201 within three months, recording reasons for any delay.

Key facts

Case
State of Tamil Nadu v. Governor of Tamil Nadu, W.P.(C) No. 1239 of 2023; 2025 INSC 481
Date / bench
8 April 2025; Justices J.B. Pardiwala and R. Mahadevan
Bills
10 Bills re-passed on 18 Nov 2023, reserved for President on 28 Nov 2023
Holding
Reservation in the second round illegal; Bills deemed assented (Article 142)
Governor timelines
1 month (on aid and advice / re-presented Bill); 3 months (withhold with message or reserve against advice)
President (Art. 201)
decide within 3 months; reasons for any delay

Practice MCQs 4 questions

Q1 Advanced

Which bench of the Supreme Court delivered the judgment in State of Tamil Nadu v. Governor of Tamil Nadu on 8 April 2025?

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Correct answer: A — Justices J.B. Pardiwala and R. Mahadevan

Justices J.B. Pardiwala and R. Mahadevan; the judgment was authored by Justice Pardiwala.

Q2

Under which Article of the Constitution did the Supreme Court declare the ten Tamil Nadu Bills deemed to have received assent?

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Correct answer: B — Article 142

Article 142, which empowers the Court to pass orders necessary for doing complete justice.

Q3 Advanced

Consider the following statements about the timelines prescribed in State of Tamil Nadu v. Governor of Tamil Nadu (2025): 1. If the Governor withholds assent contrary to the advice of the State Council of Ministers, the Bill must be returned with a message within a maximum of three months. 2. The President is required to decide on Bills reserved under Article 201 within three months, recording reasons for any delay. Which of the statements given above is/are correct?

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Correct answer: C — Both 1 and 2

Both are correct. The Court set a three-month limit for returning a Bill with a message when assent is withheld against advice, and a three-month period for the President under Article 201.

Q4

How many re-passed Bills did the Supreme Court declare deemed to have been assented to in its 8 April 2025 judgment?

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Correct answer: D — Ten

Ten; the Assembly had re-passed them on 18 November 2023 and the Governor reserved them for the President on 28 November 2023.

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