• UGI USER
  • Nov 25, 2023
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NO VETO POWER FOR GOVERNORS

Why in the News?

  • The Supreme Court’s recent ruling on Governor’s withholding assent to Punjab’s Bills highlights the removal of the Governor’s veto power. 
  • This significant decision emphasizes the essence of a parliamentary democracy, emphasizing the elected regime’s responsibility to the legislature.
Source: Telangana today

Context of the Case:

  • Originating from Punjab, the case questioned the Governor’s authority to unilaterally withhold assent to Bills passed by the State Assembly.
  • Governor Purohit claimed these Bills were adopted in an illegal session, leading to a constitutional scrutiny.

Supreme Court’s Verdict:

  • The ruling emphasizes that Governors do not possess a unilateral veto in a parliamentary democracy.
  • It aligns with the fundamental principle that an elected government, accountable to the legislature, manages the state’s affairs.

Article 200 and Assent to Bills:

  • The Court’s interpretation of Article 200’s scheme clarifies that Governors cannot wield unchecked power over Bills.
  • While granting assent is routine, withholding or reserving a Bill for the President has historically sparked controversy.

Power to Withhold Assent:

  • The Court underscores that whenever a Governor withholds assent, the Bill must be sent back to the legislature for reconsideration.
  • This prevents Governors from indefinitely delaying action on legislative proposals.

Clear Reproof to Governors:

  • The Court delivers a reprimand, asserting that Governors must act promptly in a system where they primarily function on the advice of the Council of Ministers.

Rejection of Illegal Session Claim:

  • Governor Purohit’s argument that the Assembly session was illegal due to the Speaker’s actions is dismissed by the Court.
  • The Court clarifies that the adjourned session was not prorogued, affirming the legality of the Assembly’s actions.

Potential Residual Controversies:

  • The ruling eliminates the Governor’s unilateral power but raises concerns about Bills disapproved by Governors being referred to the President.
  • Safeguards may be necessary to prevent Governors from bypassing the legislative process.

The verdict brings clarity to the delicate balance between elected regimes and gubernatorial roles in law-making, fostering a healthier democratic process.