SUPREME COURT’S RULING ON GOVERNOR ROLE
Why in News?
- The Supreme Court, in a 27-page judgment, emphasized that the rejection of a Bill by a Governor does not imply its termination.
- Chief Justice D.Y. Chandrachud, on behalf of a three-judge Bench, clarified that a law proposed by a State legislature persists even if the Governor withholds assent.
Options under Article 200:
- Article 200 of the Constitution provides Governors with three options when presented with a Bill:
- consent,
- withholding consent, or
- reserving the Bill for the President’s consideration.
- The first proviso of Article 200 outlines that if a Bill is withheld (non-Money Bill), the Governor
must promptly return it to the House with suggestions or requests for reconsideration.
Mandatory Procedure for Withheld Consent:
- The Supreme Court ruled that the Governor cannot let a Bill die after rejection; it must be sent back to the House for reconsideration.
- Governor’s withholding of consent is linked with the mandatory return of the Bill to the legislature for further deliberation.
Governor’s Role in Legislature:
- The court emphasized that the Governor, as an unelected head of State, is part of the legislature and is obliged to follow the constitutional regime.
- The final decision on the Bill belongs to the legislature, and after re-passing by the House, the Governor is compelled to grant consent.
Historical Context and Constitutional Principles:
- The judgment is based on a case involving the Punjab government against its Governor.
- The ruling maintains the fundamental principles of a constitutional democracy based on a parliamentary pattern of governance.
Removal of Veto Power:
- The Supreme Court’s decision removes the unilateral veto power of Governors in a parliamentary democracy, aligning with the elected regime’s responsibility to run the state’s affairs.
- The court’s intervention serves as a rebuke to Governors attempting to indefinitely delay action on legislative proposals.
The verdict settles the controversy surrounding the Governor’s role in the law-making process and ensures a time-bound decision-making process, preventing unwarranted delays.