SC: Must Court Watch if Governor Delays Bill Assent?

New Delhi: The Supreme Court on Tuesday expressed concern at the interpretation of Article 200 of the Constitution by some states, to say that Governors have an independent power to withhold a Bill without returning it to the State Assembly. Some BJP-ruled states defended the autonomy of Governors and President in assenting to Bills passed by their assemblies and said, "assent to a law cannot be given by court."

A five-judge Constitution bench headed by Chief Justice of India B.R. Gavai was hearing the Presidential reference on assent to Bills passed by Assemblies and the timeline for their approval. The bench also comprising Justice Surya Kant, Justice Vikram Nath, Justice P.S. Narasimha and Justice A.S. Chandurkar will resume hearing on Thursday when Tamil Nadu and Kerala are scheduled to make submissions and defend the April 8 verdict which for the first time prescribed a timeline for the President to decide on the Bills cleared by the State Assemblies.

Justice Narasimha said: "The Union says the power of withholding stands on its own and the Governor can withhold the Bill. Therefore, when you independently exercise the power of withholding, it is a little problematic…There is a problem because with this power, even a money bill can be withheld…” Justice Narasimha referred to the proviso to Article 200 that says that, except in the case of a money bill, a Governor can return the Bill to the Assembly for reconsideration. If an independent power of the Governor to withhold a bill is recognised, "a money bill can also be straightaway withheld," Justice Narasimha said. Solicitor General Tushar Mehta said: "Article 207 has the answer." He said that as per Article 207, a money bill can be introduced only with the proposal of the Governor. Hence, there is no question of the Governor withholding a money bill, since it is introduced with the Governor's recommendation. Senior advocate Harish Salve, appearing for Maharashtra, said that there could be a situation where the money bill passed by the legislature was different from the version recommended by the Governor. "If what is approved finally does not accord with what was recommended by the Governor, the Governor can withhold assent," he said.

Various state governments said judiciary couldn't be a pill for every disease. "The court cannot issue a writ of mandamus asking the Governors to grant assent to bills. Assent to a law cannot be given by the court. Assent to a law has to be given either by governors or by President," Salve submitted.