The West Bengal Government argued that Governors and the President cannot interfere with the legislative process by delaying or questioning bills passed by elected Assemblies. It said that the will of the people, expressed through their representatives, must remain supreme.

A five-judge Constitution Bench led by Chief Justice B. R. Gavai heard the matter. The state government stressed that Governors cannot question the competence of laws passed by Assemblies, as such issues fall under the judiciary’s domain.

Senior advocate Kapil Sibal, appearing for West Bengal, said the executive has no authority to block the will of the sovereign people. He emphasized that the Constitution does not allow Governors or the President to interfere in the lawmaking process.

The People’s will can’t be subject to whims of Governors, WB Govt tells SC argument highlighted a key tension between state governments and Governors over pending bills. The bench, however, asked whether bills inconsistent with constitutional provisions must still receive assent.

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