In a landmark decision aimed at ensuring timely action on legislation passed by state assemblies, the Supreme Court of India has mandated a three-month deadline for the President to take a decision on bills reserved by governors for her consideration. The directive came as part of a 415-page judgment uploaded late Friday, following a legal battle between the Tamil Nadu government and Governor R.N. Ravi over prolonged delays in bill assent.
A bench comprising Justices J.B. Pardiwala and R. Mahadevan delivered the verdict on April 8, declaring the reservation of 10 Tamil Nadu bills for presidential assent in the second round as “illegal” and “erroneous in law”. The Court clarified that the President must either grant or withhold assent to a bill within three months from the date it is received from a governor. If any delay occurs, reasons must be recorded and shared with the respective state.
The judgment emphasizes accountability, stating, “The President is required to take a decision on the bills reserved for his consideration within a period of three months from the date on which such reference is received.” It also added that states must cooperate by responding to any queries raised by the Centre.
The Court held that Article 200 of the Constitution, which empowers governors to assent, withhold, or reserve bills, cannot be interpreted in a way that allows indefinite inaction. “Despite there being no prescribed time-limit, Article 200 cannot be read in a manner which allows the Governor to not take action upon bills,” the bench observed, asserting that such delays obstruct the state’s legislative process.
Significantly, the ruling also makes it clear that governors cannot exercise an “absolute veto” or “pocket veto” over bills. It stated that once a bill is re-presented by the assembly after being returned, the governor is constitutionally bound to assent to it within a month.
The Court further added that any decision by the President to withhold assent is open to judicial scrutiny. “Where the Governor reserves a Bill for the consideration of the President and the President withholds assent thereto, it shall be open to the State Government to assail such action before this Court,” the judgment noted.
The verdict stems from the Tamil Nadu government’s petition last year, highlighting how 12 bills, some pending since 2020, remained unaddressed by Governor Ravi. In November 2023, after the Governor withheld assent to 10 bills, the Tamil Nadu Assembly re-enacted and re-submitted them. However, some of them were again reserved for the President’s consideration, prompting the legal intervention.
Invoking its plenary powers under Article 142, the Supreme Court ruled that the re-presented bills be deemed to have received the Governor’s assent. The Court also directed that copies of the judgment be shared with all high courts and state governors to ensure clarity and uniformity in legislative procedures.
This ruling sets a crucial precedent, reinforcing the constitutional mandate for timely action by both governors and the President, thereby safeguarding the federal structure and legislative autonomy of states.
Sources By Agencies
