Shahin Akhtar
On 21st August, 2025, the Supreme Court of India expressed concern over Governors withholding Bills without taking a decision, warning that such delays could paralyse the functioning of State Legislatures. The observations came during the hearing of a Presidential Reference relating to the grant of assent to Bills.
A Constitution Bench headed by Chief Justice of India BR Gavai, along with Justices Surya Kant, Vikram Nath, PS Narasimha and AS Chandurkar, questioned whether the judiciary is completely powerless if Governors indefinitely hold back legislation passed by elected assemblies. “If a Bill unanimously cleared by the legislature is not acted upon, the Assembly itself becomes defunct,” CJI Gavai remarked.
The Court said that although the Governor’s final decision to approve, reject or send back a Bill may be protected by the Constitution, the process leading to that decision can still be reviewed. Justice Narasimha referred to earlier judgments and noted that courts have distinguished between the Governor’s discretionary powers and the manner in which they are used.
Solicitor General Tushar Mehta, appearing for the Centre, argued that such issues fall within the political domain and cannot be settled through judicial intervention. He insisted that remedies lie either in constitutional amendment or in the democratic process, and cautioned against creating precedents based on exceptional situations. “The Court is the custodian of the Constitution, but not every problem is for judicial resolution,” he submitted.
The bench, however, pressed further, pointing out that Governors are not directly accountable to the electorate. “If the Governor refuses to act for years, what safeguard exists for the people’s mandate?” the CJI asked.
The matter arises from petitions filed by multiple States, including Kerala, Tamil Nadu, Punjab and West Bengal, alleging prolonged delays by Governors in acting on Bills. The next hearing is on 26th August, 2025.
Bench: Chief Justice of India BR Gavai, with Justices Surya Kant, Vikram Nath, PS Narasimha and AS Chandurkar
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