Supreme Court Ruling Clarifies Governor's Role in Bill Assent

The Supreme Court asserts that governors lack discretion under Article 200 of the Constitution when it comes to bill assent, mandating adherence to the council of ministers' advice. The court highlighted that exceptions exist in specific constitutional provisions, limiting the governor's independent exercise of discretion.

The Supreme Court has ruled that governors do not possess discretionary power under Article 200 of the Constitution concerning bills presented for assent, emphasizing the compulsory adherence to the advice of the council of ministers. This ruling was delivered by a bench comprising Justice JB Pardiwala and Justice R Mahadevan.

The court clarified that governors could exercise discretion only in specific exceptions explicitly outlined in the Constitution, such as the second proviso to Article 200 and Article 163(1). It noted that any discretionary action by governors under Article 200 is subject to judicial review.

The court further explained that the governor's role is not to overwrite the council of ministers' opinions but to incorporate their wisdom into decision-making. Justice Pardiwala's judgment pointed out that once a bill is passed by the state legislature, the governor should typically follow the council's advice unless exceptional conditions arise requiring presidential consideration.

(With inputs from agencies.)