President, Governors Not Bound by Bill Approval Deadlines: SC
Constitution Bench rules timelines for assent “contrary” to constitutional scheme
- Supreme Court says no mandatory timelines for assent to Bills
- Actions of President, Governors not open to judicial scrutiny until law enacted
- Verdict delivered on reference from President over Tamil Nadu case ruling
- Bench emphasizes constitutional immunity under Article 361
GG News Bureau
New Delhi, 20th Nov: In a landmark ruling, the Supreme Court on Wednesday held that neither the President nor state Governors can be compelled to adhere to specific timelines while granting assent to Bills passed by the legislature. A five-judge Constitution Bench stated that their actions in this context are not subject to judicial intervention until a Bill assumes the status of law.
Chief Justice of India BR Gavai, heading the Bench that included Justices Surya Kant, Vikram Nath, PS Narasimha, and AS Chandurkar, observed that imposing deadlines on constitutional authorities is “strictly contrary” to the framework laid down in the Constitution.
The ruling came in response to key questions raised by President Droupadi Murmu under Article 143, seeking clarity after a two-judge bench verdict in the Tamil Nadu Governor case appeared to set a strict deadline for gubernatorial action on Bills. The President highlighted Article 361, which grants immunity to the President and Governors from judicial proceedings over official duties.
The court underscored that while the executive must act within constitutional bounds, courts can only review decisions once a Bill becomes law — not at the stage of pending assent. The judgment thus reaffirms the discretionary space accorded to the highest constitutional offices and restricts judicial oversight to post-enactment challenges.
The clarification is expected to have wide political and administrative implications, particularly amid ongoing tensions between several state governments and Governors over delays in clearing legislation.
Comments are closed, but trackbacks and pingbacks are open.