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

November 24, 2023

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”.

More about the news:

  • 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. 


News Source: Indian Express

 

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