In a landmark ruling, the Supreme Court of India has directed that the President must take a decision on bills reserved for her consideration by state governors within three months of receiving them. This unprecedented move comes in response to prolonged delays in the legislative process, especially highlighted in Tamil Nadu, where Governor R N Ravi had withheld assent to 10 bills, prompting a legal standoff. A bench comprising Justices JB Pardiwala and R Mahadevan ruled that such delays are not only undemocratic but also undermine the constitutional balance between state and central authorities. The 415-page judgment, uploaded recently, clarifies that the governor cannot indefinitely withhold or reserve bills, essentially blocking the legislative will of elected assemblies.
The court emphasized that Article 200 of the Constitution, which outlines the governor’s powers concerning state bills, cannot be interpreted as a license to delay decisions without consequences. It observed that once a bill is returned by the governor and subsequently passed again by the assembly, the governor must act on it within a month. Similarly, if a governor chooses to reserve a bill for presidential consideration against the advice of the state council of ministers, such action must be completed within three months. Furthermore, the President is required to respond within three months of receiving the bill. Any delay beyond this must be justified with recorded reasons shared with the concerned state, the court added.
Calling out the misuse of discretionary powers, the bench categorically stated that there is no provision in the Constitution for a “pocket veto” or “absolute veto” by the President or Governor. Such practices, the court said, distort the constitutional framework and deny citizens the benefits of timely legislation. The verdict invoked Article 142 to declare that the re-enacted bills from Tamil Nadu, which had been pending since 2020 in some cases, are deemed to have been assented to. The court’s ruling now mandates time-bound action for all governors and the President in legislative matters, and non-compliance could be subject to judicial review, potentially setting the stage for a more accountable system of governance across Indian states.
