SC Judges State Governors Cannot Delay Assent to Bills Indefinitely
A five-judge Supreme Court bench, while hearing a Presidential Reference, observed that Governors cannot indefinitely delay or sit over bills passed by state legislatures. The court emphasized that no organ can impair the functioning of the Constitution or the legislature's wisdom. This follows an April 8 judgment regarding the Tamil Nadu Governor, where a three-month deadline was suggested. The bench is debating whether 'deemed assent' should apply if deadlines are missed. The Centre argued Governors have absolute power under Article 200, while States contend such delay thwarts the constitutional scheme.
Key Points
- Governors must act with immediacy and cannot assume 'royalty' status in a Republic.
- The Supreme Court is examining if a general timeline, such as three months, can be imposed on constitutional heads for bill assent.
- Article 200 of the Constitution governs the Governor's power to assent, withhold, or reserve bills for the President.
- The court noted that gubernatorial delay thwarts the constitutional scheme and the sovereign act of legislation.
Exam Facts
- Article 200 of the Indian Constitution deals with the Governor's power to assent to bills.
- The Tamil Nadu Governor case involved a delay in assent to 10 State Bills since 2020.
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