Centre argues SC cannot treat Governors as 'aliens' or impose timelines on Bill assent
The Union government, in a submission to the Supreme Court, argued that Governors are constitutional actors with democratic legitimacy, not 'aliens' or 'foreigners' on whom timelines can be imposed for assenting to State Bills. This submission is part of a Presidential Reference challenging an April judgment that imposed a three-month deadline on Governors and the President. The Centre contended that Articles 200 and 201 do not specify a time limit, and judicial imposition would amount to a constitutional amendment. It also opposed the court invoking Article 142 to create 'deemed assent' or directing the President to consult the SC under Article 143.
Key Points
- The Union government asserts that Governors are constitutional actors with democratic legitimacy, not 'aliens', and cannot be subjected to judicial timelines for Bill assent.
- The Centre's submission is in response to a Presidential Reference challenging an April judgment that imposed a three-month deadline on Governors and the President for State Bills.
- It argues that Articles 200 and 201 lack specific time limits for assent, and judicial imposition of such limits would constitute a constitutional amendment.
- The Centre also opposed the Supreme Court's use of Article 142 to create 'deemed assent' or directing the President to consult the SC under Article 143.
- Tamil Nadu contended that the powers of the President and Governors regarding State Bills were already settled by the April 8 judgment, and the current reference would erode Article 141's finality.
Exam Facts
- The Presidential Reference is to be heard by a Constitution Bench headed by Chief Justice of India B.R. Gavai.
- The Centre's argument relies on Articles 200 (Governor's power to assent to State Bills) and 201 (President's power to consider State Bills).
- The submission also discusses Article 142 (SC's power to do complete justice) and Article 143 (President's power to consult SC).
- Tamil Nadu's submission cited Article 141 (law declared by SC to be binding on all courts).
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