Content
Introduction
In a significant constitutional judgment, the Supreme Court of India has drawn a clear boundary: while governors should not delay indefinitely in acting on bills passed by state legislatures, courts cannot prescribe rigid timelines for their assent or reference to the President. Legal experts consider this ruling a “big win” for the Centre and a reaffirmation of the separation of powers.
What the Supreme Court Ruled
A five-judge Constitution bench headed by Chief Justice B.R. Gavai held that although governors should act in a time-bound manner, imposing fixed deadlines would amount to judicial overreach.
The court struck down the concept of “deemed assent” by judicial fiat, stating that such a move undermines the constitutional role of the Governor.
However, the bench clarified that unexplained or prolonged delays by governors may come under judicial review.
The judgment also noted that the President’s office is not immune: earlier orders had set a 3-month deadline for the President to act on bills reserved by a Governor.
The court emphasized the principle of federalism and cautioned against using constitutional discretion to frustrate democratically passed legislation.
Background: Why This Ruling Matters
The case traces back to delayed action by the Governor of Tamil Nadu, who reserved 10 state bills for the President’s consideration.
The Supreme Court had previously set a one-month to three-month timeframe for governors:
One month for assent after reconsideration;
Up to three months for withholding and reserving the bill for the President
These earlier directions aimed to prevent governors from exercising a “pocket veto” by indefinitely delaying bills.
The full verdict also extended judicial review to the Governor’s discretionary powers under Article 200 of the Constitution.
Why the Centre Sees It as a Win
By resisting absolute judicial timelines, the judgment respects the constitutional autonomy of the executive branch, aligning with the Centre’s long-standing position.
The ruling upholds the separation of powers: the judiciary has not overstepped into governing functions, yet retains a check against misuse.
It sets a precedent for balanced governance: Governors cannot stall bills indefinitely, but courts will not micromanage their every move either.
The decision may positively impact future state-Centre relations, especially in politically charged contexts.
Reactions from Legal and Political Circles
Kapil Sibal, senior Congress leader, called the ruling “historic” and beneficial for federalism, arguing it curbs arbitrary gubernatorial delays.
The Supreme Court clarified that prescribing such limits is not “judicial overreach” but a necessary step to ensure that governors don’t become bottlenecks.
Constitutional experts note that while the decision preserves discretion, it also strengthens accountability under judicial review.
Implications for Federalism and Legislative Process
Stronger State Autonomy: States can legislate without fearing indefinite delay by governors.
Balanced Checks: While governors retain discretion, judicial review ensures they cannot misuse it.
Improved Legislative Efficiency: Law-making processes may become more predictable and timely.
Presidential Accountability: The 3-month guideline for the President ensures that reserved bills do not languish indefinitely.
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FAQ
Q1: What exactly did the Supreme Court rule on November 20, 2025?
A: The court held that while governors should not delay action on state bills indefinitely, courts cannot impose fixed deadlines for assent or referral to the President.
Q2: Does this mean governors have unlimited power to stall bills?
A: No. The court made clear that unexplained or prolonged delays may be subject to judicial review.
Q3: What about the President’s role in this process?
A: In an earlier order, the Supreme Court had directed that the President must act on reserved bills within three months of receiving them.
Q4: Why did the Centre welcome this judgment?
A: The ruling respects executive autonomy and separation of powers, preventing courts from micromanaging gubernatorial decisions, while still holding governors accountable.
Q5: How does this judgment affect federalism?
A: By ensuring that governors do not arbitrarily delay bills, the judgment strengthens the hand of state governments. At the same time, it reaffirms checks and balances through judicial review.
Q6: Can states now challenge a governor’s delay in court?
A: Yes. If a governor’s delay is unexplained or unjustified, the court may exercise its power of judicial review.
Q7: What is Vizzve Finance doing in response to this ruling?
A: Vizzve Finance is launching a civic-education program, “Know Your Governor,” to help citizens, especially youth, understand constitutional roles, legislative processes, and the significance of timely assent.
source credit : Nupur Dogra
Published on : 20 th November
Published by : Reddy kumar
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