The Supreme Court of India on Wednesday clarified how Governors should act on Bills passed by state legislatures. The court said that Governors, and even the President, cannot be given fixed timelines to make a decision. However, if there is a very long and unexplained delay, the courts can step in and tell the Governor to act within a “reasonable time.”
This opinion was given by a five-judge Constitution bench led by Chief Justice BR Gavai. The bench was answering a special question sent by President Droupadi Murmu, who asked the court to explain the limits of a Governor’s power when dealing with Bills. She sent this request under Article 143 of the Constitution.
The court said that a Governor has only three clear options when a Bill comes to them. They can approve the Bill, they can send it to the President, or they can return it to the state legislature for reconsideration. These are the only choices the Constitution allows.
The bench also said that courts cannot question the Governor’s reasons for choosing any of these options. But at the same time, the Governor cannot keep a Bill pending forever. The court warned that delaying a Bill for too long without giving any reason would “frustrate” the legislative process and harm the idea of federalism.
Importantly, the Supreme Court rejected the idea of “deemed assent.” This means a Bill cannot automatically become law just because the Governor did not act on time. The court said allowing deemed assent would be like the judiciary taking over the job of the executive, which is not allowed.
The judges added that the Constitution gives flexibility to high offices like the President and Governors. Because of this, the court cannot fix strict timelines for them. But the court said it can intervene in extreme cases where a Governor is not acting at all, and ask them to make a decision within a reasonable period.
This clarification came after disputes in Tamil Nadu, where several Bills were stuck because the Governor had not made a decision. The court said such indefinite delays are not acceptable.
After giving the opinion, Chief Justice Gavai said all five judges agreed. Legal experts like Solicitor General Tushar Mehta and senior advocate Kapil Sibal praised the ruling, calling it balanced and thoughtful.
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