STATES STUCK WITH GUV DELAYS AS SC REAFFIRMS SEPARATION OF POWERS

THE Supreme Court’s advisory opinion on the 16th Presidential Reference refrained from charting a definitive path for states grappling with legislative paralysis caused by gubernatorial delay.

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The five-judge Constitution Bench affirmed that courts cannot usurp the functions of the President or governors by allowing ‘deemed assent’ to bills passed by the legislature if any court-mandated deadline lapses. Such judicial overreach would not only contravene the spirit of the Constitution but also the hallowed doctrine of separation of powers, the top court held. It answered the President’s reference to the court in May, which was prompted by a two-judge Bench’s ruling on the Tamil Nadu governor's delay in giving assent to bills.