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Informist, Thursday, Nov. 20, 2025

 

--SC: Courts can't give timelines to President, governors for assent to Bills 

--CONTEXT: SC on President's reference on Bills passed by state legislatures

 

NEW DELHI – In a unanimous verdict on Thursday, a five-judge Constitution bench of the Supreme Court ruled that timelines cannot be imposed on the President and governors of states through judicial orders on giving assent to Bills passed by legislature. The concept of courts declaring "deemed assent" to Bills if the timelines are breached was antithetical to the spirit of the Constitution and against the doctrine of separation of powers, said the bench led by Chief Justice of India B.R. Gavai. The concept of courts declaring "deemed assent" was virtually a takeover of the functions reserved for the governor, the court added.

 

In April, the top court had set a three-month deadline upon the President for deciding on Bills referred by governors. The 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 governors 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 assembly and termed that "illegal" and "erroneous in law". 

 

On Thursday, the top court observed that imposition of timelines was strictly against the elasticity contemplated under the provisions of the Constitution relating to assent to Bills. The court said that the discharge of governor's functions under Article 200 was not justiciable. The court cannot enter into a merit-review of the decision so taken. However, in a glaring circumstance of inaction, prolonged, unexplained and indefinite delay in taking decision on the Bills, the court can issue a limited mandamus to a governor to discharge his functions under Article 200 within a reasonable time period without making any observation on the merits of the exercise of the discretion, the apex court said.

 

It added that Article 361, which provided immunity to the President and governors from legal proceedings for actions taken in their official capacity during their term of office, takls about absolute bar on judicial review against them. However, it cannot be used to negate the limited scope of judicial review that the court is empowered to exercise in cases of prolonged inaction by a governor under Article 200, said the apex court. While governor enjoyed personal immunity, their office was subject to this court's jurisdiction, the court added.

 

Further, the top court held that the decisions of governors and the President under Article 200 and Article 201 of the Constitution, respectively, were not justiciable at a stage before the Bill comes into force. Bills can be challenged only if they become law, the court added. 

 

The Supreme Court said that governors can only give assent to a bill, withhold assent, or reserve for the President's assent. If assent to the Bill is withheld, it must necessarily be returned to the legislative assembly, the apex court said. To permit the governor to withhold a Bill without returning it to the house will derogate the principle of federalism, it added. Ordinarily, governors exercise functions under the aid and advice of the council of ministers, it said, adding that governors enjoy discretion under Article 200, relating to giving assent to Bills.

 

The bench, also comprising Justice Surya Kant, Justice Vikram Nath, Justice Pamidighantam Sri Narasimha, and Justice Atul S. Chandurkar, said that the President was not required to seek the advice of the court every time a Bill was reserved by the governor. The subjective satisfaction of the President was sufficient, the court said, adding that if there was lack of clarity or need for advice, the President might refer.

 

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 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.

 

"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?" President Droupadi Murmu had asked. The President asked a similar question over the apex court setting a timeline for governors under Article 200 of the Constitution.

 

Some of the questions asked by the President include whether courts can adjudicate on the contents of a bill before it becomes law. The President questioned whether the Supreme Court could substitute the orders of the President or governor through Article 142. The President also 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. The President also 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 Avishek Dutta

 

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