'Can governors indefinitely stall state laws? SC examines gubernatorial powers to withhold bill assent
Published on: Sept. 10, 2025, 6:25 p.m. | Source: THE WEEK
The Supreme Court's Constitution Bench, led by CJI B.R. Gavai, is currently hearing a crucial presidential reference concerning the extent of gubernatorial powers, specifically whether state governors can indefinitely withhold assent to Bills passed by state legislatures. The Court expressed unease with the Centre's argument that a Bill could effectively collapse if a governor withholds assent, questioning how this aligns with legislative supremacy. While Solicitor General Tushar Mehta argued for the governor's dual role and constitutional duty, citing historical data, the Bench remained unconvinced, emphasizing that the issue is one of principle – whether a governor can paralyze a legislature. Opposing states and intervenors, including Kapil Sibal and A.M. Singhvi, countered that such an interpretation grants governors a parallel legislative veto and exploits constitutional silence on timelines, leading to a potential constitutional impasse. Advocates stressed the need for time-bound decisions, echoing the Sarkaria Commission's recommendations, to prevent abuse of power and protect citizens' rights. The hearing remains inconclusive.
