No vote for veto – Supreme Court’s Ruling Curtails Governor’s Power to Withhold Assent to Bills | 25 November 2023 | UPSC Daily Editorial Analysis

What's the article about?

• It talks about the recent Supreme Court decision regarding the veto power of the Governor regarding State Legislative Assembly Bills.

Relevance:

• GS2: Parliament and State Legislatures—Structure, Functioning, Conduct of Business, Powers & Privileges and Issues Arising out of these

Context:

• In a landmark ruling, the Supreme Court has affirmed the principle that Governors in India do not possess unilateral veto power over Bills passed by the legislature. This decision, stemming from a case arising out of Punjab, upholds the core tenet of parliamentary democracy – that the State's affairs are managed by an elected regime accountable to the legislature.

Analysis:

• The Supreme Court's interpretation of Article 200, which governs the granting of assent to Bills, aligns with the fundamental principle of parliamentary democracy.
• While granting assent is typically a routine function, the options of withholding assent or reserving a Bill for the President's consideration have been contentious.
• The Court has clarified that whenever a Governor chooses to withhold assent, they must return the Bill to the legislature for reconsideration.
• This effectively renders the Governor's power to withhold assent obsolete, as they will ultimately be compelled to grant assent if the Bill is passed again.
• The Court has emphasized that Governors, who are expected to act on the advice of the Council of Ministers, cannot indefinitely delay action on Bills.
• The Court's decision rejects Governor's claim that the particular Assembly session was illegal.
• The verdict should put an end to the tussle between elected regimes and the Centre's appointees regarding the lawmaking process.
• The possibility of Governors referring Bills they disapprove of to the President, circumventing the Court's ruling, remains a concern.

Way Forward:

• The Supreme Court's ruling is a significant step towards upholding the supremacy of the legislature and strengthening parliamentary democracy in India. It serves as a clear reminder that Governors must act within their constitutional authority and refrain from obstructing the legislative process.