Governor Veto Power Over Bills
Why in news ?
The Supreme Court expressed ‘serious concern’ over inaction by the Governor on Bills presented for his assent.
What are the Highlights of the Judgement?
- Mandatory to return the bill for reconsideration if assent withheld– Court has held that under Article 200, if the Governor withholds assent he must return the bill “as soon as possible” with a message to reconsider the proposed law. A Governor who chooses to withhold a Bill without doing anything further would be acting in contravention of the Constitution.
- It said the expression “as soon as possible” conveyed a “constitutional imperative of expedition” which means cannot hold indefinitely. The court has thus clarified its position on ‘pocket veto’
- Governor enjoys no veto power over Bills- After returning the Bill for reconsideration, if the State legislature passes the Bill again, with or without amendment and the Bill is presented to the Governor for assent, the Governor shall not withhold assent (Article 200).
Veto over State Bills:
- The governor is empowered to reserve certain types of bills passed by the state legislature for the consideration of the President.
- Then, the Governor will not have any further role in the enactment of the bill.
- The President can withhold his assent to such bills not only in the first instance but also in the second instance.
- Thus, the President enjoys absolute veto (and not suspensive veto) over state bills.
- Further, the President can exercise pocket veto in respect of state legislation also.
Source – The Hindu
