Source: IE
Subject: Polity
Context: The Supreme Court delivered a landmark five-judge Constitution Bench opinion clarifying the powers of Governors and the President regarding assent to state Bills.
About Supreme Court Clarification on Governor’s Powers to Assent Bills:
What it is?
- The case concerns the constitutional process under Articles 200 and 201, which govern how Governors and the President act when a Bill passed by a State Legislature is placed before them for assent.
- Multiple States complained that Governors were withholding or delaying assent, creating legislative paralysis.
Constitutional Powers of the Governor (Article 200):
When a Bill is presented, the Governor has only three options:
- Give Assent
- Withhold Assent AND return the Bill to the Legislature with recommendations (except Money Bills).
- Reserve the Bill for the President’s consideration (mandatory in a few cases, discretionary in others).
The Governor cannot “withhold assent simpliciter” — meaning they cannot keep a Bill pending indefinitely without action.
Major Clarifications Provided by the Supreme Court:
- No indefinite delay: “Prolonged, unexplained, indefinite inaction” by Governors is unconstitutional and subject to judicial review.
- No ‘deemed assent’:
-
- The SC rejected the earlier ruling suggesting that if a Governor delays assent, the Bill becomes law automatically.
- Article 142 cannot be used to bypass constitutional procedure.
- Discretion exists — but is limited:
-
- While Governors exercise discretion under Article 200, they are not bound by Cabinet advice for assent decisions.
- But this discretion cannot be misused to block elected governments.
- No judicial timelines: Courts cannot impose fixed deadlines on Governors or the President because the Constitution uses the phrase “as soon as possible”.
- President’s powers under Article 201:
-
- Similar to the Governor’s powers but operate only when a Bill is reserved.
- The President’s decision is not justiciable, and courts cannot impose timelines.
- Courts can review ONLY inaction, not the merits: Courts cannot question why the Governor withheld assent, only whether the process was followed.
- Validity of Laws not bills: Courts cannot adjudicate the constitutional validity of a Bill; only a law enacted after assent can be challenged.
