1.Supreme Court on Governor Bill Assent (Governor Assent Powers)
What & Where
Clarificatory 5-judge Constitution Bench opinion on Governor/President assent powers for State Bills under Arts. 200-201.
Applies to all Indian States; Presidential role triggered only when Bill is “reserved”.
Governor’s choices restricted to: assent, return (except Money Bills), or reserve for President.
Quick Facts for MCQs
Constitutional Procedure
- Reservation mandatory for bills altering HC powers; otherwise discretionary yet limited.
- Governor not bound by State cabinet advice for assent decision, unlike Art.163 executive actions.
- Indefinite delay classed as unconstitutional inaction, open to mandamus.
Judicial Oversight
- Supreme Court allows writs only to compel decision, not dictate outcome.
- Courts barred from imposing fixed days due to “as soon as possible” wording.
- Merits of President/Governor choice remain non-justiciable.
Centre–State Relations
- Opinion aims to curb legislative paralysis flagged by multiple States.
- Reinforces federal balance by preventing gubernatorial obstruction of elected legislatures.
- Clarification expected to streamline state law-making without central overreach.
Key Data Points
| Feature | Data-Point |
|---|---|
| Constitutional Articles | 200 (Governor), 201 (President) |
| Bench strength | 5 judges (Constitution Bench) |
| Permissible Governor actions | Assent / Return with recommendations / Reserve for President |
| “Withhold assent simpliciter” | Held unconstitutional; no indefinite inaction |
| Money Bill return | Prohibited; can only assent or reserve |
| Phrase on timelines | “As soon as possible”; no court-fixed deadline |
| Deemed assent doctrine | Rejected; Article 142 can’t override procedure |
| President’s decision | Non-justiciable; courts review only inaction |
| Judicial review scope | Process compliance & delay, not merits of Bill |
| Validity challenge | Only post-assent laws, not pending Bills |
Related UPSC Prelims PYQs
Under which Article of the Indian Constitution did the President give his assent to the ordinance on electoral reforms when it was sent back to him by the Union Cabinet without making any changes (in the year 2002)?
The landmark case of D. C. Wadhwa vs. State of Bihar in the Supreme Court is related to which one of the following powers of the Governor?




