SC asks Centre to respond to Punjab govt’s plea against governor reserving Bills for President's assent

The Supreme Court on Tuesday issued notice to the Centre on the Punjab Government’s petition challenging the Governor’ action in reserving Bills passed by the state legislative assembly for the President's assent.

The Punjab Government has sought a declaration that the Sikh Gurdwaras (Amendment) Bill, 2023, and the Punjab Police (Amendment) Bill, 2023, passed by the state assembly have got "deemed assent" in terms of the top court’s April 8 verdict in Tamil Nadu’s case due to the ‘inaction’ of the President. The two Bills have been referred to the President by the Governor.

Issuing notices to the Centre, Principal Secretary to the Governor and Punjab Legislative Assembly Secretary, a Bench led by Chief Justice of India BR Gavai posted the matter for hearing after eight weeks.

Admitting that the issue was pending before a Constitution Bench in the Presidential Reference on deadlines for assent to state Bills by governors and the President under Article 200 and Article 201 of the Constitution, Punjab Additional Advocate General Shadan Farasat suggested that the matter may be taken up in September, awaiting the outcome of the Presidential Reference.

A five-judge Constitution Bench led by CJI Gavai is scheduled to commence hearing on August 19 on the Presidential Reference to examine issues arising out of the top court’s recent verdict setting deadlines for assent to state Bills by governors and the President.

The state government contended that the Governor’s referral of two bills to the President for her consideration was arbitrary, illegal and in contravention to the aid and advice of the State Council of Ministers.

It further submitted that the President's simpliciter inaction on the two bills of prime public importance without granting assent; or withholding assent must be accompanied by furnishing reasons for such withholding.

The Punjab Government relied upon the top court’s April 8 verdict that said the Governor can’t exercise a “pocket veto” over the Bills passed by the state assembly. It also restricted the President’s discretionary powers on Bills referred by Governors under Article 201 of the Constitution and set a three-month timeframe for her to decide on the bills reserved for her consideration.

Exercising its plenary power under Article 142 of the Constitution, the top court had declared that the 10 Bills passed by the Tamil Nadu assembly would be deemed to have received the Governor’s assent when they were presented to him for the second time after having been passed by the state legislature again.

The petition also referred to the court’s decision in ‘State of Punjab versus Principal Secretary to the Governor of Punjab and Another’ in which it was held that if a Governor decided to withhold assent to a Bill, he had to return the bill to the legislature for reconsideration.