SC: Cannot impose timelines for Guv, Prez to act on Bills, also can't grant 'deemed assent'

Court holds Governors cannot delay assent "indefinitely" and such prolonged inaction can face limited judicial scrutiny

- MPOST BUREAU

The Supreme Court on Thursday held that the President and Governors of states cannot be bound by timelines when it comes to grant assent to Bills passed by state assemblies.

A five-judge Constitution bench stressed that the actions of the President or Governors are not “justiciable” and judicial review can be invoked only when a Bill becomes a law.

But at the same time, the top Court said, Governors do not have “unfettered” powers to sit on the Bills for “perpetuity”.

In its unanimous opinion on the Presidential Reference, the five-judge Constitution bench, headed by Chief Justice B R Gavai, also held that “indefinite delay” by the Governors will be open to “limited judicial scrutiny” and that deemed assent of Bills cannot be granted by the apex court by using its plenary power under Article 142. Deemed assent would amount to virtual takeover of the role of a “separate constitutional authority,” it said.

In its 111-page judgment that could trigger a fresh debate on issues relating to federalism and Governor's power over state Bills, the court made it clear that “inaction” by Governors that is “prolonged, unexplained and indefinite” will certainly invite “limited judicial scrutiny” though the merits of their action under Article 200 cannot be looked into by Courts.

Indefinite delay in granting assent to multiple Bills has led to frequent run-ins between the Opposition-ruled States, especially Tamil Nadu, Kerala and Punjab and their Governors following which some state governments have sought the intervention of the Supreme Court.

The name of the author judge was conspicuously absent in the judgment. The practice is a rarity but it was adopted by a five-judge Constitution bench in its verdict in 2019 on the Ram Janmabhoomi-Babri Masjid land dispute case. CJI Gavai is due to retire on Sunday after a six-month tenure.