Governor Who Withholds Assent Must Return the Bill to the Assembly: Supreme Court in State of Punjab

After the Court's ruling of 28 February 2023, the Sixteenth Punjab Vidhan Sabha met on 3 March 2023 and the Speaker adjourned it sine die on 22 March 2023 (paras 2, 4). The Speaker reconvened it on 19 and 20 June 2023 under the second proviso to Rule 16, and it passed four Bills on which the Governor took no action (para 4). The Governor wrote that the session was illegal and that he might reserve the Bills for the President (paras 6-7). The State sought a declaration that the June and October 2023 sittings were valid and a mandamus to process seven pending Bills (para 9).

The Governor is the titular head of State and acts on the aid and advice of the Council of Ministers save where the Constitution gives him discretion, as Samsher Singh held (paras 15-16). Article 200 gives the Governor three options: assent, withhold assent, or reserve the Bill for the President (paras 19-20). The first proviso attaches to withholding: the Governor's message is recommendatory, and if the House passes the Bill again he cannot withhold assent (paras 22-23). 'As soon as possible' demands expedition, so a Bill cannot be kept pending indefinitely (para 24). A Governor who withholds assent must return the Bill for reconsideration; otherwise an unelected head could veto a duly elected legislature (para 25). His assent to about 185 other Bills did not justify the inaction (para 27). Article 174 separates a sitting from a session, and adjournment sine die differs from prorogation (paras 30, 37). Rule 16 lets the Speaker call a meeting after an adjournment sine die, and Ramdas Athawale held that resuming such a sitting does not start a new session (paras 34, 36). Casting doubt on the session was not a constitutional option open to the Governor (para 44).