सं Samvidhan

The Constitution of India

Article 200

Assent to Bills

Why this exists

Article 200 balances democratic law-making by elected State legislatures with certain checks by the Governor, who acts as a constitutional safeguard and a link to the Union government. The provision to return Bills lets the Governor flag concerns without simply vetoing legislation, while the mandatory assent after reconsideration ensures the Legislature's will ultimately prevails. The second proviso protects the judiciary's independence by ensuring Bills threatening High Court powers get Presidential scrutiny, since High Courts are a unifying constitutional institution beyond any single State's control.

How courts read it

Courts have held that while the Governor has discretion in choosing among the three options, this discretion is not unlimited or indefinite. In cases like State of Punjab v. Principal Secretary to the Governor of Punjab (2023), the Supreme Court clarified that Governors cannot sit on Bills indefinitely ('pocket veto') and must act within a reasonable time, as unexplained delay undermines the constitutional scheme of representative governance. Courts have also emphasized that once the Legislature re-passes a returned Bill, the Governor has no further discretion and must assent.

Common misconceptions
  • Myth: The Governor can sit on a Bill forever without deciding.
    Fact: Courts have clarified that the Governor must act within a reasonable time; indefinite delay defeats the constitutional design of Article 200.
  • Myth: The Governor can veto a Bill outright.
    Fact: The Governor can only return a Bill (not a Money Bill) once for reconsideration; if the Legislature passes it again, the Governor must give assent.
  • Myth: The Governor decides alone on all sensitive Bills.
    Fact: Bills that could endanger the High Court's constitutional position must be reserved for the President's consideration, not decided by the Governor.