Governor Can't Simply Withhold Bill Without Returning It To Assembly; Allowing It Against Federalism : Supreme Court In Presidential Reference

In its opinion in the Presidential Reference , the Supreme Court has held that a Governor cannot indefinitely withhold assent to a Bill without returning it to the State Legislature. The Court ruled that such a “simpliciter” power to withhold assent does not exist under Article 200 and that any interpretation enabling a Governor to stall legislation through inaction would run contrary to constitutional principles.

The Court examined the structure of Article 200 and concluded that the Governor is constitutionally permitted only three options when a Bill is presented: to assent, to reserve it for the President, or to withhold assent by returning the Bill to the Legislature with comments(except in the case of a Money Bill, which he cannot return). A reading that treats “withholding assent”