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SC Limits Governors' Power to Delay Bills
Context
In a key ruling, the Supreme Court set clear limits on governors' powers, holding they cannot indefinitely delay action on state bills. The court addressed growing concerns over governors misusing discretionary powers to obstruct elected state governments.
Supreme Court’s Judgement (2024)
- Governor must return bills “as soon as possible” with reasons if withholding assent.
- If a bill is repassed by the Assembly, the Governor is constitutionally bound to give assent — cannot reserve it for the President.
- Indefinite delays or inaction are unconstitutional.
- Governor’s legislative conduct is subject to judicial review.
- Used Article 142 to grant “deemed assent” to 10 bills, bypassing the Governor entirely.
- End of the Governor’s ‘Pocket Veto’: The court outlawed indefinite delays, effectively ending the misuse of pocket veto by governors. It asserted that “withholding without time limit or reason” violates the Constitution. It introduced timeframes for actions:
- 1 month to assent or act on ministerial advice.
- 3 months to return/reserve bills if not following advice.
- 1 month to assent after repassage.
Why this ruling matters?
- The ruling reinforces federalism and democratic accountability. It protects elected state legislatures from unelected constitutional heads.
- It provides legal clarity amid rising Centre–State tensions (similar issues in Kerala, Punjab, Telangana, West Bengal).
- Furthermore, it strengthens the role of judicial review in executive delay tactics.
Key Provisions
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