Governor Must Return Bills To Legislature If He Chooses To Withhold: Apex Court

New Delhi: The Supreme Court of India has ruled that if a Governor chooses to withhold assent to a Bill, they must return it to the legislature for reconsideration, resolving a previous ambiguity in Article 200 of the Constitution.

The Court emphasised that the Governor’s power to withhold assent must be accompanied by the action outlined in the first proviso, preventing the Governor from obstructing legislative processes without recourse.

The judgment underscores that the Governor, as an unelected Head of State, cannot misuse constitutional powers to impede the normal legislative process, emphasising the real power lies with elected representatives in a parliamentary democracy.

The case arose from the State of Punjab’s grievance against the Governor’s inaction on bills, illustrating the importance of maintaining the democratic balance in governance.