The Supreme Court has ruled that the President must make a decision within three months on bills passed by State Legislative Assemblies and sent for assent. If there is any delay in the decision, the reason must be communicated in writing to the concerned state government, the court directed.
This is the first time the Supreme Court has set a time limit for the President to act on bills passed by state legislatures. The ruling came in response to a petition filed by the Tamil Nadu government challenging the Governor’s action of withholding bills passed by the Tamil Nadu Assembly. Earlier, the court had criticized the Governor’s indefinite delay in acting on the bills, stating that Governors do not have the power to withhold bills indefinitely and that such actions are unconstitutional.
The Supreme Court also clarified that if there is a delay in the President’s decision, the states have the right to question it in court. Article 201 of the Constitution outlines the process the President must follow when dealing with bills sent by Governors, but it does not specify any time frame. However, the Sarkaria and Punchhi Commission reports, as well as guidelines issued by the central government, emphasize that decisions on such bills should not be unduly delayed, the court pointed out.
Therefore, if a constitutional authority fails to take a decision within a reasonable time, it can be subject to judicial review, the bench comprising Justices J.B. Pardiwala and R. Mahadevan stated. The Tamil Nadu government had approached the court against Governor R.N. Ravi’s action of indefinitely withholding 10 bills passed by the state assembly.
The court recommended that if the Governor chooses to grant assent, it should be done within one month, and if the bills are to be sent to the President or returned, such action should be taken within three months.
