Archive · 20 Aug 2025
SC: Governor Can't Send Bills to President After Assembly Approval
The Supreme Court is discussing the powers of Governors when it comes to approving state laws.
The main question is whether a Governor can send a bill to the President after the state assembly has already approved it twice.
The court has said no.
The court explained that Governors have several options, like agreeing, disagreeing, or sending the bill to the President, but they cannot send the bill to the President after the assembly has approved the bill a second time.
The judges also talked about how the law should be interpreted in a way that makes sense and is flexible over time.
The government's lawyer believes the Governor has an important role beyond just delivering documents, but the judges stressed that the Constitution's interpretation can not be static.
Supreme Court clarified Governor cannot send bills to President after the Assembly's second approval.
Under Article 200, a Governor can either assent, withhold assent, or reserve a bill for the President.
The Court stated Governor's power to withhold assent should not be open-ended.
Solicitor General argued Governor's role is more than a 'postman' and has discretion.
Justices discussed the need for constitutional interpretation to be flexible.
- Who
- Supreme Court Justices, Solicitor General Tushar Mehta.
- What
- Supreme Court's ruling on Governor's powers regarding state assembly bills.
- When
- Not explicitly stated.
- Where
- Supreme Court of India.
- Why
- To clarify the extent of a Governor's authority under Article 200 of the Constitution.
Court's Concerns
Government's View
Governor's Powers
Court's Concerns
Indefinite withholding by Governor could undermine elected governments.
Government's View
Governor's power needs flexibility and discretion.
- Court
- Supreme Court of India
- Main Issue
- Governor's power on state bills
- Article Discussed
- Article 200
- Solicitor General
- Tushar Mehta
- Chief Justice
- B R Gavai
Sources
SC hearing on presidential reference over Bill timelines: AG says ruling in TN Governor case dilutes powers of President, Governor
What's the problem with President's reference, SC asks states
"Won't Overturn, Advisory Role Only...": Supreme Court On Presidential Reference
TN, Kerala oppose Prez reference on bill timelines, SC asks what is the problem
Can courts rewrite the Constitution? AG questions SC ruling on Governor’s powers in Presidential Reference hearing
SC Cites 'Advisory' Role In Presidential Reference, Refuses To Set Aside Verdict On Timelines
No fixed timelines for Governors, President on bills, Centre tells SC
Supreme Court Asks What Constitutionally Permissible Recourse Exists When Governors Keep Bills Pending For Years
SC asks whether harmony between governor, state govt exists as envisioned by Constitution framers
SC asks Whether Harmony Between Governor, State Govt Exists as Envisioned by Constitution Framers
On Governors' Power Over Bills, Supreme Court's "Vision Of Harmony" Remark