Courts Cannot Fix Timeline for President, Governor to Act on Bills Passed by Assembly: Supreme Court
In a significant constitutional clarification, the Supreme Court of India reiterated that courts have no authority to direct or impose a specific timeframe on the President or a State Governor for taking action on Bills that have been passed by a state assembly.
This decision reinforces the foundational separation of powers embedded in the Constitution, stressing that constitutional authorities such as the President and Governor must function independently and without judicially mandated deadlines.
This ruling comes in the backdrop of increasing disputes between state governments and Governors over delays in granting assent to Bills. The Supreme Court highlighted that while constitutional authorities must act “within a reasonable time,” courts cannot convert this expectation into a judicially enforceable timeline.
Why the Supreme Court’s Ruling Matters
1. Strengthening Federal Balance
The judgment reinforces the delicate federal structure where both Union and State institutions must function autonomously.
2. Separation of Powers
Mandating timelines for the President or Governor would mean the judiciary is encroaching on executive-constitutional autonomy.
3. Interpretation of Article 200 & 201
These Articles provide the Governor and President discretionary room for assent, withholding assent, returning Bills, or reserving Bills for consideration.
The Supreme Court clarified that this discretion cannot be restricted through judicial timelines.
4. Reinforcing “Reasonableness” Principle
The Court acknowledged that constitutional authorities must not delay decision-making indefinitely, but the remedy is not through judicial timelines—it is through constitutional accountability and legislative-executive engagement.
Impact on Governance and States
This verdict has implications for states experiencing delays in Bill approvals. While courts may review arbitrary inaction, they cannot demand a fixed deadline.
This ensures the constitutional positions of the President and Governor remain uncompromised, even as states retain the right to challenge mala fide or unreasonable withholding of assent.
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Frequently Asked Questions (FAQ)
1. What did the Supreme Court say about timelines for Governors or the President?
The Supreme Court held that courts cannot set timelines for the President or Governor to act on Bills passed by a state assembly, as it would violate constitutional boundaries.
2. Can the judiciary intervene if a Governor delays assent indefinitely?
Yes. While courts cannot set deadlines, they can examine whether the delay is unreasonable, arbitrary, or violates constitutional duties.
3. What constitutional provisions govern assent to state Bills?
Article 200 deals with the Governor’s powers, while Article 201 outlines the President’s role when a Bill is reserved for consideration.
4. Can state governments challenge delays legally?
States may approach the Supreme Court if they believe the Governor or President is acting in bad faith or delaying action without justification.
5. Why is this ruling significant for federalism?
It maintains the balance of powers by ensuring that courts do not impose constraints on constitutional authorities while still upholding accountability.
Published on : 20th November
Published by : Selvi
Credit :Ananthakrishnan G
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