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Supreme Court Clarifies Governors’ and President’s Powers on State Bills

The advisory sets out broad executive discretion over assent decisions with only a narrow judicial remedy for prolonged inaction.

Overview

  • The Court affirmed that a Governor may assent to a Bill, reserve it for the President, or return it with comments, a power that does not extend to Money Bills.
  • It held that a Governor acts with constitutional discretion under Article 200 and is not bound by the state Council of Ministers when choosing among these options.
  • The bench ruled that decisions under Articles 200 and 201 are not subject to merits review, though courts may issue a limited mandamus to address prolonged, unexplained inaction.
  • Article 361 bars personal proceedings against a Governor but does not preclude the Court’s narrow intervention to require action, and the judgment declined to impose judicial timelines for either office.
  • The Court rejected deemed assent and any substitution of constitutional functions under Article 142, confirmed that no state law takes effect without assent, and said the President need not seek an Article 143 opinion each time a Bill is reserved.