States can't move SC on bill assent delays: Govt

The Union government on Thursday told the Supreme Court that state governments have no right to approach the top court alleging breach of fundamental or legal rights over delays or withholding of assent to bills by the President or governors, even as the Constitution bench asked whether it could ignore the intent of the framers who deliberately used the words “as soon as possible” in the Constitution to ensure timely action on bills passed by state legislatures.

- Utkarsh Anand

Appearing before a five-judge bench led by Chief Justice of India Bhushan R Gavai, solicitor general Tushar Mehta submitted that neither the states nor the Centre can approach the top court under Article 32, since fundamental rights are conferred only on citizens and persons, not on governments.

“A state does not have fundamental rights. It is the repository of functions to protect citizens' rights, but it cannot come to this court alleging its own rights have been infringed," argued Mehta, stressing that Article 361 provides "complete immunity" to the President and governors from being questioned in courts for acts performed in discharge of their constitutional duties, including decisions on assent.

The bench, also comprising justices Surya Kant, Vikram Nath, PS Narasimha and Atul S Chandurkar, pressed the SG on whether constitutional authorities could indefinitely delay decisions on bills. "When the governor sits on a bill passed by the legislature even for the second time, can he sit on it for time immemorial?" the court asked.