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The Supreme Court of India has, for the first time, established a definitive timeline for the President to act upon bills reserved for presidential consideration by state governors. This landmark ruling mandates that the President must decide on such bills within three months from the date the reference is received. This decision comes in the wake of a case involving bills stalled by the Tamil Nadu Governor, R.N. Ravi, and represents a significant step toward clarifying the constitutional responsibilities of both governors and the President concerning state legislation. The court's action aims to prevent undue delays in the legislative process and ensure that the will of the state assemblies is not indefinitely stalled by executive inaction. The judgment, running 415 pages, was made public four days after the court cleared 10 bills that had been reserved by the Tamil Nadu Governor for the President's consideration. The core principle of this decision is to expedite the decision-making process regarding bills passed by state assemblies, thereby promoting a more efficient and collaborative relationship between the states and the central government. The court emphasized that any delay beyond the prescribed three-month period must be accompanied by appropriate reasons, which must be communicated to the concerned state. Furthermore, the court stressed the importance of cooperation from the states, requiring them to promptly address any queries or suggestions from the central government. This mutual responsibility aims to facilitate informed decision-making and prevent any unnecessary impediments to the legislative process. The bench, comprising Justices J.B. Pardiwala and R. Mahadevan, had previously set aside the reservation of the 10 bills for the President's consideration, deeming it illegal and erroneous in law. This initial action underscored the court's commitment to upholding the constitutional principles of federalism and ensuring that the powers vested in the Governor are exercised judiciously and within the bounds of the law. The court explicitly stated that if the President withholds assent to a bill reserved by the Governor, the state government has the right to challenge such action before the Supreme Court. This provision serves as a safeguard against potential abuse of power and ensures that state governments have recourse to judicial review in cases where they believe their legislative prerogatives have been unfairly curtailed. Article 200 of the Constitution outlines the powers of the Governor concerning bills presented to him, including the authority to grant assent, withhold assent, or reserve the bill for the President's consideration. The court acknowledged that while Article 200 does not explicitly prescribe a time limit for the Governor's actions, it cannot be interpreted in a way that allows the Governor to indefinitely delay or obstruct the law-making process in the state. The court emphasized that such inaction would undermine the fundamental principles of democracy and the separation of powers. In its judgment, the court observed that the Governor is obligated to act on the aid and advice tendered by the Council of Ministers. It clarified that the Governor cannot reserve a bill for the President's consideration for a second time after it has been returned to the House and subsequently re-presented. This restriction aims to prevent the Governor from using the power of reservation as a means of circumventing the will of the state legislature. The court further directed the registry to send copies of the judgment to all High Courts and the principal secretaries to the governors of all states, ensuring widespread awareness of the new guidelines and their implications. This measure is intended to promote consistent application of the law across the country and prevent future instances of undue delay or obstruction in the legislative process. The Supreme Court also established specific timelines for various scenarios. In cases where the Governor withholds assent or reserves a bill for the President's consideration based on the advice of the State Council of Ministers, the Governor is expected to take such action within a maximum period of one month. If the withholding of assent is contrary to the advice of the State Council of Ministers, the Governor must return the bill with a message within a maximum period of three months. Similarly, if the Governor reserves a bill for the President's consideration against the advice of the State Council of Ministers, such reservation must be made within a maximum period of three months. In the event that a bill is presented after reconsideration, the Governor is required to grant assent forthwith, subject to a maximum period of one month. These specific timelines are designed to eliminate ambiguity and provide a clear framework for the exercise of executive power in relation to state legislation. The court explicitly stated that the Governor cannot indefinitely sit on bills and adopt the concept of "absolute veto" or "pocket veto". This statement underscores the court's commitment to preventing the executive branch from unilaterally obstructing the legislative process. The court clarified that there is no "pocket veto" or "absolute veto" available to the President in the discharge of his functions under Article 201. The use of the expression "shall declare" in Article 201 makes it mandatory for the President to choose between granting or withholding assent to a bill. This interpretation reinforces the principle that constitutional authorities must exercise their powers in a responsible and transparent manner. The court emphasized that the constitutional scheme does not allow any constitutional authority to exercise its powers arbitrarily. This fundamental principle underpins the entire judgment and highlights the importance of adhering to the rule of law in all aspects of governance. The Supreme Court exercised its plenary power under Article 142 of the Constitution to deem the bill re-presented to the Tamil Nadu Governor as having been passed. This extraordinary measure demonstrates the court's willingness to take decisive action to protect the integrity of the legislative process and ensure that the will of the people, as expressed through their elected representatives, is not frustrated by executive inaction. The Supreme Court had previously framed questions to answer in a dispute between the Tamil Nadu government and the Governor regarding the delay in assent to bills passed by the legislative assembly. This demonstrates the court's proactive approach to resolving constitutional disputes and clarifying the respective powers and responsibilities of different branches of government. The delay in giving assent by the Governor prompted the state government to move the top court in 2023, claiming that 12 bills, including one from 2020, were pending with him. This legal challenge served as the catalyst for the Supreme Court's landmark ruling and highlights the importance of judicial review in safeguarding the principles of federalism and the rule of law. On November 13, 2023, the Governor declared that he was withholding assent to 10 bills, following which the legislative assembly convened a special session and re-enacted the same bills on November 18, 2023. This sequence of events underscores the importance of clear and timely communication between the executive and legislative branches of government and highlights the potential for conflict when these channels of communication break down. Later, some of the bills were reserved for the President's consideration. This decision by the Governor further escalated the dispute and ultimately led to the Supreme Court's intervention and the establishment of the new timelines for presidential action on reserved bills. The Supreme Court's ruling represents a significant victory for state legislatures and a reaffirmation of the principles of federalism and the rule of law. By establishing clear timelines for executive action on state legislation, the court has helped to prevent undue delays in the legislative process and ensure that the will of the people is not thwarted by executive inaction.
The ramifications of the Supreme Court's judgment extend far beyond the immediate context of the dispute between the Tamil Nadu government and its governor. This ruling establishes a precedent that will likely influence the relationship between governors and state legislatures across India. By clarifying the constitutional obligations of governors and the President, the court has created a more predictable and transparent framework for the legislative process. This, in turn, should lead to greater efficiency and accountability in governance. One of the key implications of the judgment is that it limits the ability of governors to indefinitely delay or obstruct the passage of state legislation. The court's explicit rejection of the "pocket veto" and "absolute veto" effectively curtails the discretionary power of governors to unilaterally block bills that have been approved by the state assembly. This is particularly significant in states where there is a political divergence between the governor and the ruling government. The judgment also reinforces the principle of cooperative federalism, which emphasizes the importance of collaboration and mutual respect between the central government and the states. By requiring the President to provide reasons for any delay in acting on reserved bills, the court is promoting greater transparency and accountability in the decision-making process. This, in turn, should foster a more constructive dialogue between the center and the states on matters of legislative policy. Furthermore, the judgment strengthens the role of the judiciary as the ultimate arbiter of constitutional disputes. By asserting its power to review the actions of both governors and the President, the court has reaffirmed its commitment to upholding the rule of law and protecting the rights of state governments. This judicial oversight is essential to ensuring that the powers of the executive branch are exercised in accordance with the Constitution and that the legislative process is not unduly hampered by political considerations. The Supreme Court's decision is likely to have a significant impact on the dynamics of Indian politics. By clarifying the powers and responsibilities of governors and the President, the court has reduced the potential for conflict and ambiguity in the legislative process. This should lead to greater stability and predictability in governance, which is essential for economic development and social progress. However, the judgment may also face some challenges in its implementation. Some governors may be reluctant to adhere to the strict timelines imposed by the court, particularly in cases where they have strong political objections to the legislation in question. It will be important for state governments to actively monitor the actions of their governors and to seek judicial intervention if necessary to ensure that the court's ruling is fully respected. The Supreme Court's judgment is a landmark decision that has far-reaching implications for the Indian political system. By clarifying the constitutional obligations of governors and the President, the court has helped to strengthen the principles of federalism and the rule of law. While the implementation of the judgment may face some challenges, its overall impact is likely to be positive, leading to greater efficiency, accountability, and stability in governance.
Beyond the legal and political ramifications, the Supreme Court's ruling also raises important questions about the role of constitutional conventions in shaping the relationship between the executive and legislative branches of government. While the Constitution provides a legal framework for the exercise of power, many aspects of governance are also governed by unwritten norms and practices that have evolved over time. These constitutional conventions, while not legally binding, are often considered to be essential for the smooth functioning of the political system. The Supreme Court's judgment can be seen as an attempt to codify some of these constitutional conventions into legally enforceable rules. By setting specific timelines for executive action on state legislation, the court is effectively transforming what were previously considered to be discretionary powers into mandatory obligations. This raises the question of whether it is appropriate for the judiciary to intervene in areas that have traditionally been governed by unwritten norms. Some argue that the court's intervention is justified in cases where there is evidence of abuse of power or a breakdown in constitutional conventions. In such situations, the court may be necessary to protect the integrity of the political system and ensure that the principles of democracy are upheld. Others argue that the court's intervention may have unintended consequences. By codifying constitutional conventions, the court may stifle innovation and flexibility in governance. It may also create new legal challenges and uncertainties as parties seek to interpret and apply the court's rulings in different contexts. Ultimately, the Supreme Court's judgment is a complex and multifaceted decision that will continue to be debated and analyzed for years to come. It is a landmark ruling that has the potential to reshape the relationship between the executive and legislative branches of government in India. Whether it ultimately leads to a more efficient, accountable, and stable political system remains to be seen. However, there is no doubt that the court's intervention has raised important questions about the nature of constitutional conventions and the role of the judiciary in shaping the future of Indian democracy. The long-term effects of this ruling will depend on how it is implemented and interpreted by various stakeholders, including state governments, governors, the President, and the courts themselves. The Indian Constitution, a document designed to steer a nation through complexity, is constantly being interpreted and re-interpreted. The Supreme Court's role as a guardian of this document is paramount. In this instance, the court has chosen to step in to clarify ambiguities and address perceived imbalances in power. This act is a testament to the Constitution's living nature – it adapts, evolves, and responds to the needs of a changing society. The court's willingness to challenge established norms and practices underscores its commitment to upholding the principles of justice, fairness, and equality. The judgment serves as a reminder that no individual or institution is above the law and that all must be held accountable for their actions. The emphasis on cooperation between states and the central government highlights the importance of working together to achieve common goals. By fostering a more collaborative and transparent relationship between these entities, the court hopes to promote a more unified and prosperous India. The judgment also serves as a warning to those who might seek to abuse their power or obstruct the democratic process. The court has made it clear that it will not tolerate such behavior and that it will use its authority to protect the rights and freedoms of all citizens. The court's decision is a victory for democracy and the rule of law. It is a reminder that the Constitution is not just a document, but a living testament to the values and aspirations of the Indian people.
Source: Supreme Court Sets 3-Month Deadline For President To Decide On Bills