SC rules timelines cannot be imposed on Prez, Guv to act on Bills for assent

In its advisory opinion on a Presidential Reference, a five-judge Constitution Bench of the Supreme Court on Thursday overruled its 8 April judgment and held that the President and Governors of states cannot be bound by judicially imposed timelines for acting on Bills presented for assent.

- PARMOD KUMAR

Agreeing substantially with the Central government's position on these issues, the bench also ruled that the decisions of the President and state Governors under Articles 200 and 201 are not justiciable, and the concept of 'deemed assent" does not exist under the Constitution as one constitutional authority cannot substitute the role and powers of another constitutional functionary.

Emphasising that courts cannot prescribe "judicially mandated timelines," nor invoke Article 142 to create "deemed assent," the Bench ~ comprising Chief Justice B.R. Gavai, Chief Justice-designate Justice Surya Kant, Justice Vikram Nath, Justice Pamidighantam Sri Narasimha and Justice Atul S. Chandurkar ~ however clarified that courts may intervene in cases of "prolonged, unexplained and indefinite inaction," to prevent constitutional standstill.