Supreme Court Rules Governors, President Face No Time Limits on Assent to Bills

In a significant clarification of constitutional powers, the Supreme Court has held that neither the President nor State Governors are bound by judicially prescribed timelines when dealing with bills passed by legislatures. The Court also ruled that the concept of “deemed assent” has no place in the constitutional framework.

 

A Constitution Bench led by Chief Justice BR Gavai, with Justices Surya Kant, Vikram Nath, PS Narasimha and Atul S Chandurkar, overturned directions issued in an April 8 ruling which had fixed strict timeframes for constitutional authorities to act on bills. The Bench held that such timelines -- and the idea that failure to meet them would automatically result in assent—amounted to the judiciary usurping executive powers.

 

According to the Court, Articles 200 and 201 intentionally give the Governor and President flexibility. Imposing external deadlines would run contrary to this “constitutional elasticity”.

 

The Bench observed: Judicially creating deemed assent “virtually takes away the role of another constitutional authority” and violates the doctrine of separation of powers.

 

The Court stressed that the power to grant assent under Article 200 cannot be substituted by any other authority or triggered automatically by lapse of time.

 

Non-justiciable Until a Bill Becomes Law

 

As a result of the ruling, actions of the Governor or President on pending bills cannot be challenged in court. Judicial review becomes available only once a bill has been enacted into law.

However, the Court clarified that it may intervene in cases of “inordinate and unexplained delay”, but only to direct the Governor to act within a reasonable period -- without touching the merits of the decision.

 

The Bench also cautioned that Governors must not behave like “super Chief Ministers”, noting that the Constitution does not envisage dual executive power within a State.

 

Key Takeaways

 

• No judicially prescribed timelines for Governor or President regarding assent to bills.
• No concept of “deemed assent” if constitutional authorities do not act within a set period.
• Actions of Governor/President on pending bills cannot be challenged in court.
• Judicial review is available only after a bill becomes law.
• Courts may intervene in rare cases of undue delay, but only to nudge action—not direct the outcome.
   

Background to the Reference

 

The judgment stems from a Presidential reference under Article 143(1), which allows the President to seek the Supreme Court’s opinion on questions of law or public importance. President Droupadi Murmu referred fourteen questions to the Court after the April 11 verdict in State of Tamil Nadu v The Governor of Tamil Nadu & Anr.

 

That earlier ruling had held that Governors must act “within a reasonable time” and could not stall the legislative process by inaction. It also prescribed specific timeframes for withholding, returning or reserving bills for Presidential consideration. Failure to comply with these timelines, the Court had said, would result in deemed assent.

 

This raised concerns over whether the judiciary could create procedural mechanisms in constitutional silence and whether such directions intruded into the discretionary space given to the President and Governors.
 

Arguments Before the Constitution Bench

 

Solicitor General Tushar Mehta argued that directing Governors to follow judicially crafted timelines undermines the separation of powers, adding that refusal of assent is a legitimate constitutional option in cases of “shockingly unconstitutional” bills.

 

He also observed that disputes over gubernatorial inaction -- particularly by the Delhi government -- were a recent trend, and that the system had historically functioned harmoniously.

 

Attorney General R Venkataramani submitted that Article 200 reflects a deliberate constitutional design and is not intended to be reshaped by the judiciary. He emphasised that the Governor’s independent judgment is integral to the provision.

 

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