SC sets 3-month deadline for governor, president on bills

New Delhi

In a landmark ruling set to reshape Centre-State dynamics, the Supreme Court has mandated that Governors and the President must act within three months on Bills passed by State legislatures, ending a prolonged deadlock in Tamil Nadu. On Friday, a bench of Justices J B Pardiwala and R Mahadevan delivered the judgment, overturning Tamil Nadu Governor R N Ravi’s decision to withhold assent to 10 Bills passed by the DMK-led government. The Court invoked Article 142, declaring that these Bills received assent on November 18, 2023, the day they were re-passed by the State Assembly.

The Court also stated that once a Bill is re-passed by the legislature after the Governor’s return, it cannot be reserved for Presidential consideration. It emphasized that undue delays violate constitutional principles and suggested that extraneous considerations may have influenced the Governor’s actions.

This decision has significant national implications, with the Court clarifying that Presidential decisions under Article 201 are subject to judicial review, a move that may spark debates on judicial overreach. The Court also ruled that the President must decide within three months, rejecting the Centre’s opposition to a deadline.

Former Union law minister Kapil Sibal called the ruling historic, noting that Governors withholding assent to Bills had been a tool of harassment. Legal experts praised the verdict, which upholds legislative supremacy and curtails the misuse of gubernatorial powers, reinforcing the balance between Union and State powers.