New Delhi, Nov 20: The Supreme Court on Thursday ruled that courts cannot set timelines for governors or the President to give assent to bills passed by state assemblies, nor can the judiciary grant “deemed assent.”
A five-judge Constitution bench, headed by Chief Justice B.R. Gavai, held that imposing timelines would undermine federalism and the due process under Article 200 of the Constitution. The bench also included Justices Surya Kant, Vikram Nath, P.S. Narasimha, and A.S. Chandurkar, who emphasized that governors do not have unfettered powers over state bills.
Responding to a Presidential reference under Article 143(1), the court clarified that governors have three options: grant assent, return bills for reconsideration, or refer them to the President. The court noted that fixing timelines would conflict with the constitutional flexibility intended in a democratic setup.
The bench also criticized the April 8 “deemed assent” in a Tamil Nadu case, stating it effectively usurped the constitutional authority of governors. The Supreme Court ruled that the exercise of powers under Article 200 is not justiciable. (Agencies)
