In the opinion given in the Presidential Reference , the Supreme Court held that the Governor has the option of reserving a Bill, which has been re-enacted by the Legislature after being returned by the Governor in the first instance, for the President's assent.

The Court said that the restriction as per the first proviso of Article 200 of the Constitution is on the Governor withholding the assent for a re-passed Bill. However, the option of reserving the Bill for the President's assent is not closed even after the Bill is returned by the Assembly.

The 5-judge bench led by Chief Justice of India BR Gavai observed :

"The text of the first proviso to Article 200 through its phrasing “shall not withhold assent therefrom” clearly indicates that what was sought to be curtailed among the th

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