LI Network
Published on: November 24, 2023 at 10:35 IST
The Supreme Court has ruled that a Governor, as an unelected Head of the State, cannot obstruct the regular legislative process by withholding assent to a bill without returning it to the legislature for reconsideration.
The Court clarified that if a Governor decides to withhold assent to a bill, the logical course of action is to return the bill to the legislature for reconsideration, as prescribed in the proviso to Article 200 of the Constitution.
This clarification becomes crucial as Article 200 does not explicitly specify the subsequent steps after withholding assent.
The case emerged from the State of Punjab’s grievance against the Governor’s inaction on certain bills, where the Governor declared withholding assent without returning the bills to the assembly.
The Supreme Court emphasized that interpreting the power to withhold assent without considering the proviso could allow the Governor to effectively veto the legislative process.
The Court stressed the Governor’s role as a symbolic head, emphasizing that constitutional powers should not be used to disrupt the legislative process carried out by elected representatives.
The judgment reaffirms the constitutional principle that real power in a parliamentary democracy lies with elected representatives, and the unelected Governor’s role is limited.
The Court’s decision prevents Governors from derailing legislative processes by simply declaring the withholding of assent without following the prescribed course of returning the bill for reconsideration.
Case Title: The State Of Punjab v Principal Secretary To The Governor Of Punjab And Anr. W.P.(C) No. 1224/2023
