Governor Must Return Bill To Assembly On Withholding Assent : Supreme Court

way2barak, Nov 24: The Supreme Court has held that if a Governor decides to withhold assent to a Bill, then he has to return the bill to the legislature for reconsideration.

This clarification by the Court is important because Article 200 of the Constitution does not expressly state what should be the next course of action after a Governor withholds assent for a Bill.

According to Article 200, three courses of action are open to the Governor – grant assent, withhold assent or reserve the bill for President’s consideration. The proviso to Article 200 says that Governor may return a bill to the assembly along with a message of aspects requiring reconsideration and if the House adopts the bill again, whether with or without amendments, then the Governor will be bound to grant assent.

There was an ambiguity as to whether the Governor is bound to return the bill to the assembly if he is declaring that he is withholding assent.