Governor Can’t Keep Bill Pending Indefinitely: Supreme Court Underlines Law

GS Paper II Indian Polity and Governance

Context:

The Supreme Court in its latest judgment ruled that a “Governor cannot be at liberty” to keep a “Bill pending indefinitely without any action whatsoever”.

Power to recommend changes: The Governor may recommend reconsideration of the entirety of the Bill or any part thereof and even indicate the desirability of introducing amendments.
- However, the ultimate decision on whether or not to accept the advice of the Governor belongs to the legislature alone”.
Inconsistent with the constitutional provision: Failure to take a call and keeping a Bill duly passed for indeterminate periods is a course of action inconsistent with the provision under article 200.
The judgment is in response to a plea by the Punjab government against the Governor who had kept pending the Bills sent to him by the state legislature.
Also read- States in Supreme Court against their Governors – Delay in Signing Crucial Bills

Governor Power to withhold assent of the bill:

Article 200 empowers the Governor to withhold assent to the Bill.
The Governor must mandatorily follow the course of action of communicating to the State Legislature ‘as soon as possible’ a message warranting the reconsideration of the Bill.”
The expression ‘as soon as possible’ is significant. It conveys a constitutional imperative of expedition.