Supreme Court Examines Governor's Powers and Timelines for Granting Assent to Bills
The Supreme Court is hearing a Presidential Reference to clarify the constitutional position of Governors regarding the timeline for granting assent to Bills passed by State Assemblies. This follows a significant judgment on April 8, 2025. The Bench emphasized that the Constitution's silence on specific timelines in Articles 200 and 201 does not grant Governors 'unlimited discretion' to withhold Bills indefinitely. The proceedings highlight the tension between democratic principles and the Governor's role as a check on legislation. The Court aims to maintain the balance between federal cooperation and State autonomy.
Key Points
- Articles 200 and 201 of the Indian Constitution deal with the Governor's power to grant or withhold assent to Bills.
- The Supreme Court clarified that Governors cannot sit on Bills indefinitely, as it paralyzes democratic governance and renders legislatures defunct.
- The proceedings involve a Presidential Reference under Article 143, which provides the Court's advisory opinion to the Centre.
- The Court noted that judicial review applies to Governors' recommendations under Article 356 (President's Rule), suggesting similar oversight for Article 200.
Exam Facts
- Article 200: Assent to Bills by the Governor.
- Article 201: Bills reserved for consideration of the President.
- Article 143: Power of President to consult Supreme Court (Advisory Jurisdiction).
- Article 141: Law declared by Supreme Court to be binding on all courts.
Read it. Retain it. Recall it.
Get spaced-repetition flashcards, daily quizzes and offline access — free on Android.