Governors’ power to withhold assent is outside the aid and advice of State Cabinets: Attorney General

Attorney General R. Venkataramani on Tuesday (August 19, 2025) submitted before a five-judge Bench headed by the Chief Justice of India B.R. Gavai that a Governor’s power to withhold assent to a proposed State legislation is an act independent of the Council of Ministers.

Mr. Venkataramani said a Governor, in such cases, acts outside the aid and advice of the Council, and even contrary to the mandate of the House/Council of Ministers.

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“A power to withhold necessarily involves personal independent judgment, guided by settled principles of laws,” Mr. Venkataramani, who represented his Constitutional office of Attorney General of India, submitted.

He referred to the post‑1970s Constitutional Amendments which had modified the President’s duties but left the Governor’s role largely untouched.