New Delhi, Nov 20, 2025

The Supreme Court on Thursday said that Governors cannot indefinitely withhold assent to Bills passed by state legislatures, holding that the Constitution provides only three “clear options”, i.e., either grant assent, return the Bill to the legislature with comments, or refer it to the President.

A Constitution Bench headed by Chief Justice of India (CJI) B.R. Gavai, answering the Presidential reference made under Article 143, held that while the Governor does enjoy limited discretion under Article 200, that discretion is strictly confined to the choices enumerated in the Constitution.

“We hold that the Governor does not have the power to simpliciter withhold,” the five-judge Bench, also comprising Justices Surya Kant, Vikram Nath, P.S. Narasimha, and Atul S. Ch

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