Supreme Court Issues Notice To Union On Punjab Govt's Plea Against Governor Reserving Bills For President's Assent

The Supreme Court today (July 29) issued notice to the Union Government in the writ petition by the State of Punjab challenging the action of the Governor in reserving two Bills for the President's assent. The bills in issue are the Sikh Gurudwaras (Amendment) Bill, 2023 and the Punjab Police (Amendment) Bill, 2023. 

The State seeks a declaration of "deemed assent" for these Bills due to the inaction of the President. The Union Government, Principal Secretary to the Governor and the Secretary to the Punjab Legislative Assembly are the respondents.

Sr Advocate Shadan Farasat appeared on behalf of the State of Punjab before a bench of Chief Justice of India BR Gavai and Justice K Vinod Chandran.  

Farasat admitted that the present matter will have to await the outcome of the Constitution Bench on the President's Reference on timelines for Bills' Assent.  He therefore suggested that the matter may be kept in the month of September.

The State of Punjab has filed the writ petition under Article 32 challenging the withholding of two bills by the Governor, which were then referred to the President of India. 

These two bills are (1) The Sikh Gurudwaras (Amendment) Bill, 2023, passed on January 19, 2024 and (2) The Punjab Police (Amendment) Bill, 2023 

As per the petition, the challenge is on main grounds: "(1) the Governor of Punjab's referral of two bills to the President of India for her consideration, in contravention to the aid and advice of the State Council of Ministers, and in the absence of any constitutional trigger or extraordinary breakdown of democratic governance; (2) the President's simpliciter inaction on those bills, both of which of prime public importance, without (a) granting assent; or, (b) withholding assent, which must be accompanied by furnishing reasons for such withholding."

The petition relies upon the decision in State of Tamil Nadu v. The Governor of Tamil Nadu and Another where it was held that " in case of withholding assent or reservation of the Bill for consideration of the President upon aid and advice of the State's Council of Ministers, the Governor is expected to take such actions forthwith subject to a maximum period of 1 month." 

The plea further refers to the previous decision of the Court in The State Of Punjab v Principal Secretary To The Governor Of Punjab And Anr. which held that if a Governor decides to withhold assent to a Bill, then he has to return the bill to the legislature for reconsideration.

The following reliefs have been sought : 

(a) Issue a declaration that the Governor's action of reserving The Sikh Gurudwaras (Amendment) Bill, 2023 and The Punjab Police (Amendment) Bill, 2023 for the consideration of the President is unconstitutional, illegal, and arbitrary;

(b) Issue a declaration that the withholding of assent of The Sikh Gurudwaras (Amendment) Bill, 2023 and The Punjab Police (Amendment) Bill, 2023, without providing any reason for such delay, is unconstitutional, illegal, and arbitrary;

(c) Issue a writ of mandamus that The Sikh Gurudwaras (Amendment) Bill, 2023 and The Punjab Police (Amendment) Bill, 2023, which have been kept pending by the Hon'ble Governor, be processed in accordance with law forthwith and, if necessary, by way of deemed consent, 

The plea has been filed with the assistance of AOR Nupur Kumar. 

Case Details : STATE OF PUNJAB v. UNION OF INDIA & ORS| W.P.(C) No. 685/2025 

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