Punjab Government Challenges Governor’s Inaction on Key Bills, Cites Constitutional Overreach
CHANDIGARH: The Punjab government has approached the Supreme Court, challenging the Governor’s decision to reserve two crucial bills – The Sikh Gurudwaras (Amendment) Bill, 2023, and The Punjab Police (Amendment) Bill, 2023 – for the President’s consideration. The state contends that this action, taken without the aid and advice of the Council of Ministers and in the absence of any constitutional emergency, is unconstitutional and arbitrary. Furthermore, the petition highlights the Governor’s subsequent inaction on these bills, which are of notable public importance, by neither granting nor withholding assent with reasons.
The legal challenge is anchored in two pivotal supreme Court judgments.The first, State of Tamil Nadu v. The Governor of Tamil Nadu and Another, established that a Governor’s decision to withhold assent or reserve a bill for the president’s consideration, when acting on the advice of the State Council of Ministers, should be taken “forthwith,” with a maximum period of one month. the second precedent, The State Of Punjab v Principal Secretary To The Governor Of Punjab And Anr., clarified that if a Governor chooses to withhold assent, the bill must be returned to the legislature for reconsideration.
The Punjab government’s petition seeks specific declarations from the Supreme Court:
A declaration that the Governor’s act of reserving The Sikh Gurudwaras (Amendment) Bill, 2023, and The Punjab Police (Amendment) Bill, 2023, for the President’s consideration is unconstitutional, illegal, and arbitrary.
A declaration that the withholding of assent to these bills, without providing any reasons for the delay, is also unconstitutional, illegal, and arbitrary.* A writ of mandamus directing the Governor to process these pending bills in accordance with the law, potentially through “deemed consent” if necessary.
The petition has been filed with the assistance of Advocate-on-Record Nupur Kumar. The case is registered as STATE OF PUNJAB v. UNION OF INDIA & ORS, with the case number W.P.(C) No. 685/2025.