A treasure trove of questions, hidden in seemingly innocuous and plain language used in Article 200, has opened up.
The question of whether Governor is bound to act on aid and advice of Council of Ministers in all circumstances, fell for consideration of this Court in Samsher Singh v. State of Punjab, (1974) 2 SCC 831.
It is pertinent to observe, observations made by A.N. Ray CJ, speaking for Majority, in Paragraphs 54, 55 and 56. It is important to read observations made in Paragraph 56 along with Paragraph 54. A conjoint reading makes clear, without a cavil of doubt, second proviso to Article 200 is an instance where Governor has been conferred with power to act in his discretion and even against advice of Council of Ministers.
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The use of the expression ‘as soon as possible’, in first proviso to Article 200, infuses a sense of urgency upon Governor and expects him to act with expediency if he decides to declare, withholding of assent.
Ram Chand v. Union of India, (1994) 1 SCC 44 held, where for exercise of power no time-limit is fixed, it has to be exercised within a time which can be held to be reasonable. State of Telangana v. Secretary to Her Excellency, Hon’ble Governor for State of Telangana, (2024) 1 SCC 405 emphasized, the phrase ‘as soon as possible’ has significant constitutional content and must be borne in mind by constitutional functionaries. It is not unusual for this Court to prescribe time-limits for discharge of certain functions, even in cases where no specific time-limit has been prescribed [Periyammal v. Rajamani, 2025 INSC 329]. Courts are well-empowered to prescribe a time-limit for discharge of any function or exercise of any power which, by its very nature, demands expediency.
– Hon’ble Justice J.B. Pardiwala, State of Tamil Nadu v. Governor of Tamil Nadu, [Writ Petition (Civil) No. 1239 of 2023].
