Guv Can't Send Bills to Prez After Second Return from Assembly: SC

PTI, NEW DELHI, AUG 20, 2025 : The Supreme Court on Wednesday said Governor cannot send Bills to the President for consideration when presented to him for the second time after the state Assembly has cleared it. The apex court made the remark while questioning the Centre over the powers of Governor when it comes to granting assent to Bills.

Under Article 200 of the Constitution, Governor has to either assent to a Bill passed by the Assembly, or he can withhold assent, or he can send it for the consideration of President. Under the scheme, Governor also has the power to send back the Bill to the Assembly for reconsideration, provided it is not a Money Bill.

The observation of a five-judge Constitution Bench headed by Chief Justice B. R. Gavai comes in the wake of Centre’s stand that Governor can exercise his power to send the Bill to President even after the Assembly puts it before him for the second time.

"If the fourth option (of returning the Bill to the Assembly for reconsideration) is to be exercised (by Governor) with a message for reconsideration to the Assembly, then the option of withholding assent or sending the Bill to President becomes defunct...," the bench told Solicitor General Tushar Mehta, who was representing the Centre.

During the hearing on the Presidential reference over the assent to Bills, the bench — also comprising Justices Surya Kant, Vikram Nath, P. S. Narasimha and A. S. Chandurkar — said if Governor decides to simply withhold assent to Bills without returning them to the Legislative Assembly for reconsideration, it would place the elected governments at the "whims and fancies of Governor."

"If Governor can indefinitely withhold assent, governments formed by majority support would be at the mercy of an unelected appointee," the bench said.

It added: "Under Article 200, Governor has four options – either he assents, or he withholds assent, or he reserves the Bill for the consideration of President. Exercising power under proviso, he can return the Bill to the Legislative Assembly for reconsideration. Now, if the Bill is passed again by the House and presented to Governor for assent, Governor shall not withhold assent. He cannot send the Bill for consideration of President in the second instance."

The apex court said Governor's power to withhold assent should not be left open-ended. Justice Narasimha countered the Centre's contention that if Governor decided to withhold assent, the Bill fell through, and said such an interpretation of Article 200 was counterproductive to Governor's powers.

Justice Narasimha said there could be cases where Governor may first withhold, give reasons for it and return the Bill for amendments to the Assembly, and in the second instance, Governor could later change his mind and grant assent in case the Assembly makes the necessary amendments in the Bill.

The draft Bill was torn into pieces and hurled at the Home Minister as he introduced the Bill in Lok Sabha. — PTI Photo