The Tamil Nadu Governor was again in the news recently when the Tamil Nadu Assembly passed a resolution urging the President of India, among other things, to fix a timeline for assent to be given to Bills passed by the Assembly. The immediate provocation for the resolution was the Governor’s public statement, on April 6, where he implied that if the Bill passed by the legislature transgresses constitutional limits, then it is the Governor’s responsibility not to give assent. Several Bills passed by the Assembly have been pending as the Governor has not made any decision.
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Passing a resolution by the Assembly, requesting the President of India to issue directions to the Governor to ensure that he functions in accordance with the Constitution is a new constitutional development. Article 355 of the Constitution says that it shall be the duty of the Union to ensure that the government of every State is carried on in accordance with the provisions of this Constitution. The general meaning and purpose of the Article was explained by B.R. Ambedkar in the Constituent Assembly: to provide justification for the “invasion of the provincial field” which the Union government may have to do. But the Constitution is a dynamic document whose concepts and doctrines have been interpreted and reinterpreted and also expanded by courts from time to time to meet the changing needs of society.
