VETO POWER OF GOVERNOR (Syllabus: GS Paper 2 – Polity)

Context: Recently, the Supreme Court clarified that the Governor is envisioned as a constitutional statesman guiding the state government on matters of constitutional concern and, as such, cannot exercise the authority to veto a Bill enacted by the legislative assembly.

• According to CJI, The Governor, as an unelected Head of the State, is entrusted with certain constitutional powers. However, this power cannot be used to thwart the normal course of lawmaking by the State Legislatures,”

Veto over State Bills

• The Governor has three options available when a Bill which has been passed by the State Legislature is presented for assent. 

oThe Governor gives assents to the Bill: The bill becomes an Act and is placed on the Statute Book.

oHe/She can withholds assents therefrom: The bill ends and does not become an Act.

oHe/She may return the bill for reconsideration of the House or Houses: If the governor returns the bill for reconsideration and if the bill is passed by the House or both the Houses again, with or without amendments, and presented to the governor for his assent, the governor must give his assent to the bill.

üThus, the governor enjoys only a suspensive veto. The position is same at the Central level.

oHe/She can reserves the Bill for the consideration of the President: The President may either give his assent to the bill or withhold his assent to the bill or return the bill for reconsideration of the House or Houses of the state legislature.

üWhen a bill is so returned, the House or Houses have to reconsider it within a period of six months.

üThe bill is presented again to the presidential assent after it is passed by the House or Houses with or without amendments.

üIt is not mentioned in the Constitution whether it is obligatory on the part of the president to give his assent to such a bill or not.