Supreme Court Constitution Bench Hears Arguments on Governor's Power to Withhold Assent to Bills; Adjourns Hearing

Supreme Court Begins Hearing on Governor's Powers to Assent, Withhold, or Reserve Bills

New Delhi: The Supreme Court of India's Constitution Bench on Wednesday commenced hearing a significant Special Reference case concerning the constitutional powers of State Governors and the President of India to grant assent, withhold assent, or reserve bills passed by state legislatures for presidential consideration.

The five-judge bench, comprising Chief Justice of India, Justice Surya Kant, Justice Vikram Nath, Justice Pamidighantam Sri Narasimha, and Justice Atul S. Chandurkar , is examining the scope and limitations of these executive powers, a matter that has recently become a focal point of friction between several state governments and their respective Governors.

High-Stakes Constitutional Question

The case, titled 'In Re: Assent, Withholding or Reservation of Bills by the Governor and the President of India' (Special Reference Case No. 1/2025) , addresses critical questions about the role of the Governor in the legislative process. The hearing saw a formidable lineup of legal luminaries representing the Union of India and various states, underscoring the national importance of the issue.

Arguments Presented

The court heard initial arguments from a battery of senior counsel, including Attorney General for India Mr. R. Venkataramani and Solicitor General Mr. Tushar Mehta for the Union. Several states were represented by their Advocates General and senior advocates such as Mr. Kapil Sibal, Mr. Gopal Subramanium, and Dr. Abhishek Manu Singhvi, among others.

While the detailed arguments were not fully elaborated in the day's proceedings, the hearing is expected to delve into the interpretation of Articles 200 and 201 of the Constitution, which govern the process of a bill's journey into law after being passed by a state legislature. The core of the debate revolves around whether a Governor has discretionary power to indefinitely delay or effectively veto legislation by withholding assent, and under what circumstances a bill must be reserved for the President's consideration.

Court's Order and Next Steps

After hearing the matter partially, the Constitution Bench concluded the day's proceedings. The official order stated, "Heard-in-part. For further arguments, list this matter tomorrow, i.e. 11.09.2025."

The arguments are set to continue on Thursday, where the bench will further explore the constitutional framework intended to ensure a smooth legislative process while maintaining checks and balances. The outcome of this Special Reference will have far-reaching implications for federalism and the delicate balance of power between the executive and legislative branches in India.