In Brief
In this landmark constitutional judgment, the Supreme Court clarified the extent of gubernatorial and presidential powers under Articles 200 and 201 of the Indian Constitution. The Court held that a Governor cannot indefinitely withhold assent to bills passed by State legislatures or reserve them for Presidential consideration without proper grounds and procedures. Once a bill is reconsidered and repassed by the legislature after the Governor returns it with suggestions, the Governor cannot reserve it for the President but must grant assent. The Court prescribed time limits—one month for ordinary decisions and three months for discretionary decisions by the Governor; and three months for Presidential decisions—as standards for judicial review. The Court also held that such exercise of powers is subject to judicial review on grounds of unconstitutionality, arbitrariness, and mala fides. This judgment reinforces federalism and representative democracy by preventing executive obstruction of legislative processes.
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