SC rules Governors, President cannot be forced to approve state bills within timelines

Guwahati: The Supreme Court on Thursday clarified that neither Governors nor the President can be forced to grant assent to bills passed by state assemblies within a fixed timeframe.

The apex court also ruled that it cannot provide “deemed assent” to such bills.

A five-judge Constitution bench, led by Chief Justice B.R. Gavai and including Justices Surya Kant, Vikram Nath, P.S. Narasimha, and A.S. Chandurkar, delivered the unanimous verdict.

The bench emphasized that Governors do not have unlimited authority to withhold bills under Article 200 of the Constitution. “We do not think Governors have unfettered power to sit over bills passed by state assemblies,” the court stated.

The court explained that imposing deadlines on Governors in a democratic setup would conflict with the flexibility the Constitution provides.

Chief Justice Gavai outlined the three options available to Governors under Article 200: grant assent, refer the bill to the President, or withhold assent and return the bill to the assembly with comments.

“In the absence of constitutionally prescribed time limits, it would not be appropriate for this court to impose deadlines on Governors for exercising their powers under Article 200,” the bench further added.

The verdict comes after a Tamil Nadu government plea, where a bench led by Justice J.B. Pardiwala in April had set a three-month window for Governors and the President to grant assent to state bills.

The five-judge bench considered 14 key questions raised by President Droupadi Murmu regarding that April judgment.

President Murmu, exercising the rarely invoked Article 143(1), had sought the Supreme Court’s opinion, stating that the legal questions raised were of significant public importance.

Article 143(1) allows the President to consult the Supreme Court on questions of law.

The bench also clarified that neither Article 142 nor any other constitutional provision allows for the concept of “deemed assent.”

Article 142 grants the Supreme Court wide powers to ensure complete justice, but it cannot override or substitute the constitutional powers of the President or Governors.