SUPREME COURT DECLARES: NO TIMELINES FOR PRESIDENT AND GOVERNORS ON BILLS

NEWS – The Supreme Court, responding to a Presidential Reference under Article 143, held that no fixed timelines can be imposed on the President or Governors for granting assent to Bills. However, prolonged and unexplained inaction can invite limited judicial scrutiny.

HIGHLIGHTS

Why This Issue Arose

• Stemmed from the Tamil Nadu Governor–State Government standoff, where multiple Bills awaited assent.
• A two-judge bench earlier introduced timelines and granted deemed assent, which the new Constitution Bench clarified as unconstitutional.

Key Highlights of the Judgment

🔹 No Timelines for Constitutional Authorities

• SC held courts cannot prescribe timelines for President/Governors.
• Doing so would breach separation of powers, a part of the Basic Structure.

🔹 “Deemed Assent” Not Valid

• Courts cannot declare that Bills receive automatic assent after a duration.
• Such a concept is absent in the Constitution.

🔹 Limited Judicial Review

• Only in cases of:
  • Prolonged,
  • Unexplained,
  • Indefinite delay.
• Courts cannot review the merits of assent or refusal.

Governor’s Constitutional Powers

Under Article 200

A Governor may:

• ✔ Give assent
• ✔ Withhold assent
• ✔ Return the Bill (except Money Bills)
• ✔ Reserve it for President

Discretionary Powers

• Reserved Bill under Article 200
• Actions under Article 163 when “discretion is required”

Key Constitutional Concepts Involved

🔹 Article 142

• Allows SC to pass orders for “complete justice.”
• Limitations: Cannot override constitutional design; cannot impose new procedures.

🔹 Separation of Powers

• Judiciary cannot assume executive functions such as prescribing timelines.

🔹 Presidential Reference (Art. 143)

• President may seek SC’s advisory opinion on matters of law/public importance.

Significance for Federalism

• Reinforces the dialogic role of Governor in Centre–State relations.
• Protects institutional autonomy of constitutional posts.
• Prevents judicial overreach but keeps a check on executive inaction.

Do You Know? (Quick Facts for Prelims)

• Governor Articles: 153–162
• President’s assent: Article 111
• Governor’s assent: Article 200, 201
• Governor acts with aid and advice except where discretion exists (Art. 163).