US EditionGovernors Can’t Stall State Bills, but Courts Can’t Set Timelines for Assent by President: Supreme Court
The Supreme Court ruled that imposing fixed timelines on Governors and the President would breach federalism and constitutional flexibility, limiting judicial intervention in assent delays.
- On Thursday, the Supreme Court in New Delhi held that neither the Governor nor the President of India can face fixed timelines for assenting to Bills passed by State legislatures.
- The Presidential reference under Article 143 prompted a five-judge Constitution bench headed by Chief Justice BR Gavai to hold that fixed timelines would undermine federalism under Article 200.
- Rejecting judicial fixes, the Court said the judiciary cannot create a mechanism of `deemed assent` or declare assent given, and ruled discharge of the Governor's powers under Article 200 is not justiciable.
- The bench clarified it was not reviewing the earlier judgment but answering constitutional questions, while the Union government argued courts cannot set timelines and senior advocates urged judicial limits on delays.
- States including Tamil Nadu, Kerala, West Bengal and Punjab had opposed the Presidential reference, while several parties argued delays by Governors had become politically motivated, urging courts to set outer limits.
22 Articles
22 Articles
Courts cannot fix timeline for Governor, Prez to give assent to bills: SC
New Delhi: In a significant verdict, the Supreme Court on Thursday ruled that timelines cannot be fixed for the Governor and the President for giving assent to bills passed by state assemblies and the judiciary cannot also grant deemed assent to them. A five-judge Constitution bench headed by Chief Justice BR Gavai unanimously held that it would be against the interest of federalism if the Governor, without following due process under Article 20…
Governors cannot sit indefinitely on Bills, says SC, but stops short of fixing timeline
New Delhi: The Supreme Court on Thursday said governors do not have unfettered powers to indefinitely hold back Bills passed by state legislatures,.Supreme Court governor powers, Governor Bill assent, Article 200 Constitution, Federalism in India, State legislature Bills, Governor's role in lawmaking, Presidential reference Article 143, Tamil Nadu Governor case, Judicial review of governor actions, Governor delays Bill assent, Constitutional pow…
Supreme Court Says It Can't Fix Timelines For Governor And President To Grant Assent To Bills
In a landmark opinion on a Presidential Reference, the Supreme Court of India has unanimously held that it cannot impose fixed timelines on Governors or the President for granting assent to Bills under Articles 200 and 201 of the Constitution. The court also decisively rejected the concept of “deemed assent,” calling it a judicial takeover of executive functions and “antithetical to the spirit of the Constitution.” The ruling was delivered by a …
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