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Informist, Wednesday, Nov. 19, 2025

 

NEW DELHI – The Supreme Court Thursday will pronounce its verdict 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 passed by legislature. A five-judge Constitution bench led by Chief Justice of India B.R. Gavai had reserved its verdict on Sept. 11. The bench also comprises Justice Surya Kant, Justice Vikram Nath, Justice Pamidighantam Sri Narasimha and  Justice Atul S. Chandurkar.

 

In April, the top court had set a three-month deadline upon the President for deciding bills referred by the governor. The court had said that in case of any delay beyond the three-month period by the President in deciding, 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 of the Indian Constitution 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 for governors 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 under Article 131 of the Indian Constitution.  End

 

Reported by Surya Tripathi

Edited by Akul Nishant Akhoury

 

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