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Informist, Tuesday, Jul. 22, 2025

 

--SC notice to Centre, states on President's reference on timelines on Bills 

--CONTEXT: President asked SC if timelines can be given on assent to Bills 

 

NEW DELHI – The Supreme Court on Tuesday issued notices to the Centre and states on President of India Droupadi Murmu's reference to the court whether timelines can be imposed on the President and governors of states through judicial orders on giving assent to Bills. The President's reference came after the apex court in April set timelines for state governors to act on Bills, and asked the President to decide on the Bills reserved for consideration by a state's governor within three months from the date on which such reference is received.

 

The Tamil Nadu and Kerala governments Tuesday opposed the President's reference and said it was not maintainable. The top court noted that the issue will have an effect on the entire country and placed the matter for hearing on Jul. 29. 

 

In April, the top court had said that in case of any delay beyond the three-month period by the President, appropriate reasons would have to be recorded and conveyed to the state concerned. The top court had also given timelines for the governor to take action under Article 200 and said that failure to comply with these would make the inaction of the governor subject to judicial review by courts. The Supreme Court had then set aside Tamil Nadu Governor R.N. Ravi's action to reserve 10 Bills for President's consideration after they were re-passed by the state legislative assembly and termed the same as "illegal" and "erroneous in law". 

 

"In the absence of a constitutionally prescribed timeline and the manner of exercise of powers by the President, can timelines be imposed and the manner of exercise be prescribed through judicial orders for the exercise of discretion by the President under Article 201 of the Constitution of India?" asked Murmu. The President asked a similar question over the apex court setting a timeline for governors under Article 200 of the Indian Constitution.

 

Before the top court's ruling, there was no timeline prescribed under the Constitution for the President under Article 201, and Governor under Article 200 to act on the Bills. The President has sought a reference under Article 143(1) of the Constitution from the Supreme Court on 14 questions. Article 143(1) deals with the power of the President to consult the top court.

 

Some of the questions asked by the President include whether courts can adjudicate on the contents of a bill before it becomes a law. The President questioned whether the Supreme Court can substitute the orders of the President or governor through Article 142. Further, the President asked what were the limits of Article 142 that grants the Supreme Court the power to pass decrees or make orders as necessary to do complete justice in any case or matter pending before it. Further, the President sought to know whether the top court could resolve disputes between the Union government and states other than those covered by Article 131 of the Indian Constitution.  End

 

Reported by Surya Tripathi

Edited by Vandana Hingorani 

 

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