This special report features former Attorney General and senior advocate Mukul Rohatgi’s analysis of the Supreme Court’s five-judge bench judgment on the powers of a governor to withhold assent to bills. Rohatgi argues the ruling, which states timelines cannot be set for governors, creates confusion and acts against the federal spirit. He states, ‘The bill placed before him is the will of the people.’ Rohatgi contrasts the judgment with a previous two-judge bench ruling that had set timelines and allowed for ‘deemed assent’. He contends that while the new judgment permits limited judicial review for ‘inordinate delay,’ this term is subjective and will lead to conflicting court decisions. Rohatgi maintains that a governor is not the arbiter of a bill’s legality and should not have the power to hold the will of an entire state to ransom, a role he says belongs to the courts.
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