Editorial 1: A Governor’s conduct and a judgment of significance

Context

The Supreme Court has reinforced a basic constitutional fact — that the Governor of a State must follow legal rules and democratic principles.

Introduction

Last week, in an important ruling in The State of Tamil Nadu vs The Governor of Tamil Nadu and Anr., a two-judge bench of the Supreme Court, including Justice J.B. Pardiwala and Justice R. Mahadevan, confirmed the limits on the Governor’s power. The Court reminded us of a simple constitutional fact: the Governor of a State is not a part of the Union nor an independent authority, but is bound by legal rules and democratic principles.

A need to respect democratic obligations

• Main Question of the Case: The core issue was what happens when a Governor fails to act on a Bill passed by the State Legislature.
• Court’s Response: The Court’s decision:
  • • Validated the Bills passed by the Tamil Nadu Legislative Assembly.
    • Delivered a broader message: the Governor‘s office is important but must follow the principles of representative democracy.
    • Withholding assent to Bills indefinitely without reason goes against federalism and harms the constitutional order.
• Background of the Bills: 12 Bills were initially in dispute, some dating back to 2020.
  • The Bills were linked to the All India Anna Dravida Munnetra Kazhagam (AIADMK) administration.
  • Some Bills aimed to take away the Governor’s power to appoint Vice-Chancellors to public universities, which was a result of long-standing conflicts between the Raj Bhavan and the elected government.
• Governor’s Inaction: For years, the Governor did not take any action on the Bills.
  • In November 2023, the State government approached the Supreme Court.
  • The Governor then referred two Bills to the President.
  • A special session of the Legislative Assembly was called to reenact the remaining 10 Bills.
  • When sent again, the Governor passed them to the President.
    • The President assented to one Bill, rejected seven, and left two pending.
• State Government’s Argument: The State government argued that the Governor’s delay and inaction:
  • • Stopped the legislative process.
    • Undermined the will of the people.
      • The Governor’s actions were seen as needing judicial review.
• Federalism and Constitutional Framework: India’s federal structure balances legislative powers between the Union and the States.
  • Article 245: Defines the territorial jurisdiction of legislative powers.
  • Constitution’s Seventh Schedule divides powers into three lists:

List	Authority	Details
List I (Union)	Exclusive power of the Union	Exclusive authority to legislate for the entire country
List II (State)	Sole power of the States	States alone legislate on these subjects
List III(Concurrent)	Shared by Union & State	Both can legislate, but if there’s conflict, Union lawprevails

• Role of the Governor: The Governor, although appointed by the President, acts as the constitutional head of the State.
  • The Governor is obligated to follow the aid and advice of the State’s Council of Ministers, except in cases where the Constitution grants discretion.

A reading of Article 200

• Governor’s Discretion: The Governor was left with no discretion in the matter after the Court’s ruling.
• Context of the Case: Article 200 of the Constitution, which guides the Governor’s action on a Bill, became central to the Court’s decision.
  • The case focused on the interpretation of this Article.
• Options for the Governor under Article 200: The Governor has three options:

Option	Description
Grant assent	The Governor can approve the Bill.
Withhold assent	The Governor can refuse assent and return the Bill to the Assembly for reconsideration.
Reserve for President’s consideration	The Governor can send the Bill to the President for approval.

• Union’s Argument: The Union of India argued that Article 200 gave the Governor a fourth option:
  • • The Governor could withhold assent without referring the Bill back to the Assembly.
    • This was seen as an absolute veto over the Bill.
• Court’s Rejection of Union’s Argument: The Court rejected the Union’s argument, referring to a previous case, State of Punjab vs Principal Secretary to the Governor of Punjab (2023), which stated:
  • • The Governor has no independent power under Article 200’s first proviso.
    • The Governor can only choose from the three available options: grant assent, refer to the President, or withhold assent and return to the Assembly.
• Union’s Further Claim: The Union also argued that the Governor could exercise discretion in deciding whether to reserve a Bill for the President.
  • The Court referenced the Constituent Assembly debates, noting that the phrase “in his discretion” was deliberately removed from the final version of Article 200.
  • This removal emphasized that the Governor‘s role is constrained by the advice of the elected executive.
• Limited Discretion for the Governor: The Court identified three narrow circumstances where the Governor could act without the Council of Ministers’ advice:
  1. 1. If a Bill affects the powers of a High Court (second proviso of Article 200).
     2. If a Bill explicitly requires presidential assent (e.g., under Article 31C).
     3. If a Bill undermines constitutional values, requiring presidential attention.
• Judicial Review of Governor’s Actions: Even when exercising discretion, the Governor’s actions are subject to judicial review.
  • Article 361 grants personal immunity to Governors, but this does not shield their actions from legal scrutiny.
  • The Governor cannot obstruct the legislative process by withholding assent indefinitely.
• Court’s Decision on the Governor’s Actions: The Court found that the Governor had no discretion in this case:
  • • After withholding assent, the Governor could not refer the Bills to the President.
    • There was no executive advice backing his actions, and no valid constitutional rationale.
• Court’s Remedy: Although the Court could have issued a writ of mandamus to force the Governor to grant assent to the Bills, it chose a different approach.
  • The Court used Article 142 to declare that the 10 Bills would be deemed assented to on the date they were re-presented to the Governor.
• Conclusion: Some may see this as judicial overreach, but it was a logical step as issuing a mandamus might have been impractical.
  • Once the Bills were passed again by the State Assembly and recommended by the Council of Ministers, the Governor had no discretion in the matter.

Conclusion

The importance of the judgment for the specific Bills at stake is clear. However, the verdict also delivers a broader message. It upholds a fundamental principle of our Republic: that the Governor, although appointed by the Union government, operates on the aid and advice of the State executive; the role is meant to function not as a source of political disputes, but as a constitutional sentinel, safeguarding the values of representative democracy.

Editorial 2: Adding a French touch to India’s Olympic dream

Context

Paris is working to boost India-France sports cooperation and share its expertise in organising major sporting events

Introduction

The 2024 Paris Olympic and Paralympic Games garnered global acclaim as resounding triumphs across organization, public engagement, and athletic achievement. Set against the backdrop of iconic Parisian landmarksand extending throughout France, the spectacular venues and opening/closing ceremonies, combined with the remarkable performances of the athletes and the palpable nationwide excitement, captivated both in-person attendees and television audiences worldwide. Notably, these Games served as a unifying force, fostering connection and understanding, a particularly significant achievement given the prevailing global political climate.

India’s Historic Contribution to the 2024 Paris Olympics

• France appreciates India’s full participation in the festivities, which contributed to the success of the Games.
• The Indian Paralympic delegation achieved a record-breaking performance, securing the 18th position in the medals tally.
• Under an international cooperation framework, India sent K9 teams abroad for the first time to patrol various Olympic venues, enhancing France’s security arrangements.
• India House, the first Indian hospitality centre in Olympic history, was set up during the 2024 Games and opened to visitors at the iconic “Nations Park.

Expertise that will be shared

Parameter	Explanation
Sustainability of Paris 2024	– Paris 2024 was the most sustainable and inclusive Games.
	– The carbon footprint of the Games was reduced by 54.6% compared to the average of London 2012 and Rio 2016.
Gender Parity	– The Games achieved gender parity, with equal participation from male and female athletes.
Accessibility for Disabled Spectators	– Significant investments were made to make the Games accessible to spectators with disabilities.
Key Contributors	– These achievements were driven by bold approaches and the collective effort of:
	– France’s central and regional governments
	– The Olympic Organising Committee
	– Various sports movements and sponsoring companies
France’s Sports Expertise	– France has developed a comprehensive expertise in organizing sustainable and inclusive Games.
Objective of Visit to India	– One of the main objectives of the visit to India is to share France’s sports diplomacyand expertise with its partners.

France’s Perspective on India’s Growing Role in Sports

• Sports in Indian Society and Economy: Increasing Importance: Sports have become an essential part of Indian society and economy.
  • Prime Minister’s View: Narendra Modi has emphasized that sports are a vital aspect of national development.
• India’s Sports Developments: 2036 Games Bid: India is bidding to host the 2036 Olympics.
  • Organizing International Events: India is focusing on hosting international sporting events.
  • Improvement in Sports Practices: Indian authorities are working to improve sports performance, highlighted by the establishment of 10 Olympic training centers nationwide.
• Sports Cooperation Between India and France: Mutual Interest: Both countries are eager to deepen sports cooperation.
  • High-Level Engagement:
    • President Emmanuel Macron and PM Modi discussed sports during the French President’s visit to India in January 2024.
    • PM Modi’s visit to France in February 2025 further emphasized the importance of this cooperation.
• Recent Agreements and Initiatives:

Date	Event/Action	Outcome/Goal
July 2023	Joint Declaration of Intent on Sports	Focus on increasing exchanges between sports delegations, federations, economic actors, and experts.
January 2024	India-France Joint Statement	Strengthening of sports cooperation, with France offering experience from hosting Paris 2024 Games to assist India’s 2036 bid.

• Ambassador-at-Large for Sport Mission:
  • Objective: Enhance France’s understanding of India’s sports ecosystem and deepen cooperation.
  • Engagement with Key Players: Meetings with institutional and economic stakeholders to explore new areas of collaboration.
• Expertise Sharing in Major Sporting Events:
  • Focus: Sharing expertise in organizing international sporting events and ensuring their long-term social and environmental legacy.
  • Ongoing Exchanges: Delegations from India’s Ministry of Youth Affairs and Sports visited France during the Paralympic Games in September 2024.
• Identifying Needs for 2036 Bid:
  • As India’s 2036 Olympics bid develops, the Ambassador’s visit will help identify India’s specific needs and ensure dialogue aligns with India’s targeted priorities.

A vibrant industry that has much to offer

• Medium-Term Goal:
  • The focus is on bringing new players, especially from the economic sector, into the collaboration.
• French Sports Industry Overview:
  • The French sports industry is highly dynamic.
  • In 2023, it generated a turnover of €75 billion (approximately ₹6.7 lakh crore at that time).
  • This turnover is higher than that of the aerospace industry (€65 billion).
• Industry Landscape:
  • The sector comprises around 1,28,000 companies of various sizes.
  • It covers diverse areas such as:
    • Construction
    • Major equipment
    • Data analysis
    • Ticketing
    • Consumer experience
• Existing and Expanding Companies:
  • Some companies, like Decathlon, are already well-known in the Indian market.
  • Many others are planning to expand into India soon.
• New Partnerships:
  • There are promising new collaborations, such as the recent partnership between Tata Consultancy Services and Amaury Sport Organisation for the Paris Marathon.

Conclusion

Finally, strengthening connections between the sports communities of our two countries — including athletes and coaches — is a key focus of France’s sports diplomacy, with the main aim being to encourage youth exchanges with India. A recent success in this area is the partnership between the Indian and French surfing federations, which signed a cooperation agreement last November. As part of this agreement, four Indian surfers under the age of 21 were invited to compete in an international event in Reunion Island, a French territory in the Indian Ocean.