SC said: Governors cannot override elected governments on bills

August 21, 2025

New Delhi, August 21: The Supreme Court on Wednesday said that elected governments cannot run at the will of governors. If a bill is passed by the state assembly and comes to the governor for the second time, the governor cannot send it to the President.

Under Article 200 of the Constitution, the Governor has four options – to approve the bill, withhold approval, send it to the President or return it to the Assembly for reconsideration. But if the Assembly passes the same bill again and sends it back, the Governor will have to approve it.

A five-judge bench headed by CJI BR Gavai said that if the Governor withholds approval without reconsideration, then elected governments will become dependent on the will of the Governor. The court said that the Governor does not have the right to withhold approval indefinitely.

Apart from the CJI, the bench comprises Justices Surya Kant, Vikram Nath, P S Narasimha and A S Chandurkar. The five-judge bench will continue hearing the case of ‘approval, stay or reservation of the bill by the Governor and President of India’ for the third consecutive day on Thursday.

Center said- Governor cannot be made a postman

During the hearing, Solicitor General Tushar Mehta, on behalf of the Central Government, argued that the Governor cannot be kept in the role of a mere postman. He has some constitutional powers and he is appointed by the President.

Senior advocate Kapil Sibal opposed the Centre’s arguments and said that if the Governor has this power, then the President can also withhold approval on the Central Government’s bills. On this, the Chief Justice said that the Constitution will not be interpreted by looking at political circumstances.

Justice Narasimha said- The Constitution is a living document

Justice Narasimha said that the powers of the Governor cannot be interpreted in a limited manner. The Constitution is a living document and its interpretation should be according to the times. He said that the Governor can first return the bill for amendment and if the Assembly makes amendments, then the Governor can also give approval later.

19 August: Government said- can the court rewrite the constitution

In the first day’s hearing on this matter, Attorney General R Venkataramani, on behalf of the Central Government, said on the Supreme Court’s April 2025 decision, can the court rewrite the Constitution? The court looked at the Governor and the President as common administrative officers, while they are constitutional posts.