SG to SC: Governor can veto Bill without returning it

The Central government on Wednesday told a five-judge Constitution Bench of the Supreme Court that a Governor is not a mere "post office" and, in his "wisdom," can withhold assent to a Bill, effectively rendering it inoperative, without returning it to the State legislature for reconsideration or reserving it for the President's approval.

- PARMOD KUMAR New Delhi, 20 August

Arguing before a Bench comprising Chief Justice BR Gavai, and Justices Surya Kant, Vikram Nath, Pamidighantam Sri Narasimha, and Atul S Chandurkar, Solicitor General Tushar Mehta said that under Article 200 of the Constitution, the Governor has powers beyond giving assent, sending a Bill back for reconsideration, or reserving it for the President.

Mehta stressed that the Governor may, in certain cases, indefinitely withhold assent, preventing the legislature from re-enacting it.

The SG maintained that such withholding could be exercised in rarest-of-rare cases, such as when a Bill exceeds legislative competence, threatens national security, violates fundamental rights, or encroaches upon another State's rights.