The Governor's powers under Article 200 of the Indian Constitution are primarily bound by ministerial advice, except in narrowly defined circumstances. Their actions are subject to judicial review, and unreasonable delays constitute grounds for intervention.

INDEX

A

A. FACTUAL MATRIX

i. Factual background with respect to assent to bills

ii. Factual background with respect to accord of sanction for investigation into cases of corruption against public servants

iii. Factual background with respect to the files pertaining to premature release of prisoners

iv. Factual background with respect to the appointments to the Tamil Nadu Public Service Commission (TNPSC)

v. Factual background with respect to dismissal of ministers and allocation of ministries

B.

SUBMISSIONS OF THE PARTIES

i. Submissions on behalf of the Petitioner

ii. Submissions on behalf of the Respondents

C.

ISSUES FOR CONSIDERATION

D.

ASSENT TO BILLS – HISTORICAL BACKGROUND

i. Concept of assent to bills as envisaged by certain historical documents drafted during the freedom struggle.

ii. Debates of the Constituent Assembly on Article 200 of the Constitution

E.

ARTICLE 200 OF THE CONSTITUTION - DEVELOPMENTS POST THE COMMENCEMENT OF THE CONSTITUTION

i. First Administrative Reforms Commission, 1966

ii. Rajamannar Commission, 1971

iii. Sarkaria Commission

iv. Punchhi Commission

F.

INTERNATIONAL JURISPRUDENCE ON ASSENT TO BILLS

G.

ANALYSIS

i. What courses of action are available to the Governor in exercise of his powers under Article 200 of the Constitution?

ii. Whether the Governor can reserve a Bill for the consideration of the President when it is presented to him for assent after being reconsidered in accordance with the first proviso to Article 200, more particularly, when he had not reserved it for the consideration of the President in the first instance?

iii. Whether there is an express constitutionally prescribed time-limit within which the Governor is required to act in the exercise of his powers under Article 200 of the Constitution?

iv. Whether the Governor in the exercise of his powers under Article 200 can only act in accordance with the aid and advice tendered to him by the State Council of Ministers?

a. The Office of the Governor

b. Constituent Assembly Debates on the mode of Selection of the Governor

c. Constituent Assembly Debates on the Exercise of Discretion by the Governor

d. The decision of this Court in B.K. Pavitra (supra) is per incuriam

v. Whether the exercise of discretion by the Governor in discharge of his functions under Article 200 could be said to be subject to judicial review? If yes, what are the parameters for such judicial review?

vi. What is the manner in which the President under Article 201 of the Constitution is required to act once a Bill has been reserved for his consideration by the Governor under Article 200 of the Constitution?

vii. On Exercise of Article 142

H.

CONCLUSION