Governor holds no veto power over Bills says Supreme Court

Source- This post is based on the article “Governor holds no veto power over Bills, says Supreme Court” published in “The Hindu” on 23 November 2023.

Why in the News?

The Supreme Court has held that a Governor, in case he withholds assent to a Bill, should return the bill to the legislature for reconsideration. The judgement was based on a petition filed by the Punjab government against it’s Governor’s action to hold back crucial bills.

What are the Highlights of the Judgement?

1. Mandatory to return the bill for reconsideration if assent withheld– Court has held that under Article 200, if the Governor withholds assent he must return the bill “as soon as possible” with a message to reconsider the proposed law. A Governor who chooses to withhold a Bill without doing anything further would be acting in contravention of the Constitution.

2. It said the expression “as soon as possible” conveyed a “constitutional imperative of expedition” which means cannot hold indefinitely. The court has thus clarified its position on ‘pocket veto’

3. Governor enjoys no veto power over Bills- After returning the Bill for reconsideration, if the State legislature passes the Bill again, with or without amendment and the Bill is presented to the Governor for assent, the Governor shall not withhold assent (Article 200).

4. Governor only a symbolic head; real power with elected representatives– The Court reaffirmed that the Governor is an unelected Head of the State and cannot use his constitutional powers to thwart the normal course of lawmaking by the State.

5. The Governor, under Article 168, is a part of the legislature and is bound by the constitutional regime.

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