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The Supreme Court of India has recently delivered a landmark judgment setting a definitive timeline for the President to decide on bills reserved for their consideration by the Governor of a state. This ruling, articulated in a comprehensive 415-page document, mandates that the President must act on such bills within three months from the date of reference. The judgment stems from a case involving the state of Tamil Nadu and its Governor, R N Ravi, who had been accused of unduly delaying assent to several bills passed by the state legislative assembly. This delay prompted the state government to approach the Supreme Court, seeking judicial intervention to ensure the smooth functioning of the legislative process. The court's decision marks a significant step towards clarifying the constitutional powers and responsibilities of Governors and the President, and it aims to prevent the obstruction of state legislation through prolonged inaction. The judgment emphasizes the importance of adhering to constitutional timelines and ensuring that Governors do not exercise undue influence over the legislative process. The ruling is expected to have far-reaching implications for the relationship between the central government and state governments, particularly in states where there may be political differences between the ruling parties. The Supreme Court's intervention underscores its role as the guardian of the Constitution and the protector of the rights and powers of the states within the Indian federal structure. The judgment also highlights the necessity for Governors to act in accordance with the advice of the Council of Ministers, as mandated by the Constitution. This principle of constitutional governance ensures that the executive branch does not undermine the legislative branch's authority. The court's decision to set a specific time frame for presidential action on reserved bills is a significant departure from the previously ambiguous legal framework. This move is intended to provide clarity and certainty to the legislative process, preventing future delays and disputes between state governments and Governors. The court's emphasis on collaboration and cooperation between the state and central governments further reinforces the principle of cooperative federalism, which is essential for the effective functioning of the Indian Union. The judgment also addresses the issue of Governors reserving bills for presidential consideration, even after those bills have been reconsidered and re-passed by the state legislative assembly. The court has made it clear that such actions are not permissible, as they undermine the authority of the state legislature and frustrate the will of the people. The Supreme Court's ruling is a significant victory for the state of Tamil Nadu, which had been facing considerable challenges in enacting legislation due to the Governor's delay in granting assent to bills. The court's decision will enable the state government to move forward with its legislative agenda and address the pressing needs of its citizens. The judgment also serves as a warning to other Governors who may be tempted to use their office to obstruct the legislative process. The Supreme Court has made it clear that such actions will not be tolerated and that it will not hesitate to intervene to protect the constitutional rights and powers of the states. The court's decision is a reaffirmation of the principle of constitutionalism and the rule of law. It demonstrates that no one, not even the Governor or the President, is above the law and that all constitutional authorities must act within the bounds of their prescribed powers and responsibilities.
The core issue addressed by the Supreme Court revolves around Article 200 of the Indian Constitution, which outlines the powers of the Governor concerning bills passed by the state legislature. Article 200 empowers the Governor to grant assent to a bill, withhold assent, or reserve the bill for the consideration of the President. However, the Constitution does not specify a time limit within which the Governor must exercise these powers. This ambiguity has led to instances where Governors have delayed acting on bills, effectively stalling the legislative process. The Supreme Court, in its judgment, has sought to address this lacuna by setting a maximum time limit of one month for Governors to act on bills, whether by granting assent, withholding assent, or reserving the bill for the President. The court has also emphasized that Governors must act in accordance with the advice of the Council of Ministers, except in exceptional circumstances where they may be required to exercise their discretion. The court's interpretation of Article 200 is based on the principle that the Governor is not an independent agent but rather a constitutional head who must act on the advice of the elected government. The court has also cautioned against Governors using their power to reserve bills for the President as a means of circumventing the will of the state legislature. The court has stated that such actions are only permissible in cases where the bill is unconstitutional or contrary to national interests. The Supreme Court has also addressed the issue of the President's powers under Article 201 of the Constitution. Article 201 empowers the President to either grant assent to a bill reserved by the Governor or withhold assent. However, the Constitution does not specify a time limit within which the President must exercise these powers. The Supreme Court, in its judgment, has set a maximum time limit of three months for the President to act on reserved bills. The court has also stated that if the President withholds assent, the state government has the right to challenge that decision in the Supreme Court. The court's interpretation of Article 201 is based on the principle that the President's powers must be exercised in a reasonable and timely manner. The court has also emphasized that the President must act in accordance with the advice of the Union Council of Ministers. The Supreme Court's judgment is a significant step towards clarifying the constitutional powers and responsibilities of Governors and the President. It aims to prevent the obstruction of state legislation through prolonged inaction and ensure that the legislative process functions smoothly and efficiently. The court's ruling is expected to have a positive impact on the relationship between the central government and state governments, particularly in states where there may be political differences between the ruling parties.
The Supreme Court's decision goes beyond merely setting timelines; it delves into the very essence of constitutional governance and the delicate balance of power between the executive and legislative branches at both the state and central levels. The court explicitly stated that Governors cannot adopt a 'pocket veto' or 'absolute veto' by simply sitting on bills indefinitely. This highlights a crucial aspect of the ruling: the prevention of arbitrary obstruction of the democratic process. The judgment emphasizes that the constitutional scheme does not allow any authority to exercise its powers arbitrarily. This is a fundamental principle of constitutionalism, ensuring that power is exercised according to established norms and principles, rather than on personal whims or political considerations. The court's observation that there is no 'pocket veto' or 'absolute veto' available to the President under Article 201 is equally significant. It clarifies that the President must make a choice between granting assent or withholding assent to a bill, preventing the President from effectively vetoing a bill by simply failing to act. This reinforces the principle of accountability and ensures that the executive branch cannot unilaterally block legislation passed by the legislature. The Supreme Court's decision also underscores the importance of cooperation between the state and central governments. The court stated that states are required to be collaborative and extend cooperation by furnishing answers to queries raised by the central government and consider suggestions made by the central government expeditiously. This emphasizes the principle of cooperative federalism, where the central and state governments work together to achieve common goals. The court's directive to send copies of the judgment to all high courts and principal secretaries to the Governors of all states is a clear indication of the significance of this ruling and its intended impact on the administration of law across the country. By disseminating the judgment widely, the court aims to ensure that all relevant authorities are aware of the new timelines and the legal principles established in the ruling. The Supreme Court's exercise of its plenary power under Article 142 of the Constitution to deem the bills re-presented to the Tamil Nadu governor as having been passed is a further indication of the court's determination to ensure that the legislative process is not obstructed. Article 142 empowers the Supreme Court to pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it. The court's use of this power in this case demonstrates its willingness to take decisive action to protect the constitutional rights and powers of the states. The Supreme Court's intervention in this matter is a reminder of its role as the ultimate arbiter of constitutional disputes. The court's judgment is a significant contribution to the development of constitutional law in India and is likely to have a lasting impact on the relationship between the central government and state governments.
The events leading up to the Supreme Court's intervention provide crucial context to the significance of the judgment. The delay in giving assent to bills by the Tamil Nadu Governor prompted the state government to approach the Supreme Court in 2023, claiming that 12 bills, including one from 2020, were pending with him. This highlights the extent of the problem and the frustration of the state government with the Governor's inaction. The fact that some bills had been pending for several years underscores the need for a clear timeline for Governors to act on bills. The Governor's declaration on November 13, 2023, that he was withholding assent to 10 bills, followed by the legislative assembly's decision to convene a special session and re-enact the same bills on November 18, 2023, further illustrates the escalating conflict between the state government and the Governor. The state government's decision to re-enact the bills was a clear message that it was determined to overcome the Governor's obstruction and to ensure that its legislative agenda was implemented. The subsequent reservation of some of the bills for the President's consideration added another layer of complexity to the situation. It also highlighted the potential for Governors to use their power to reserve bills for the President as a means of delaying or blocking legislation that they opposed. The Supreme Court's judgment addresses this issue by setting a timeline for the President to act on reserved bills and by clarifying that Governors cannot reserve bills for the President merely to circumvent the will of the state legislature. The Supreme Court had previously framed questions to answer in a dispute between the Tamil Nadu government and the Governor over the delay in assent to bills passed by the legislative assembly. This indicates that the court had been considering the issue for some time and had carefully weighed the arguments presented by both sides. The court's judgment reflects a thorough understanding of the constitutional issues involved and a commitment to upholding the principles of constitutional governance. The Supreme Court's decision is not only a victory for the state of Tamil Nadu but also a victory for the principles of democracy and the rule of law. It demonstrates that the judiciary is willing to intervene to protect the rights and powers of the states and to ensure that the legislative process functions smoothly and efficiently. The judgment is a reminder that all constitutional authorities must act within the bounds of their prescribed powers and responsibilities and that no one is above the law. The Supreme Court's intervention in this matter is a testament to the strength and resilience of the Indian constitutional system.
The long-term implications of this Supreme Court ruling are substantial and far-reaching. Firstly, it establishes a clear precedent for future disputes between state governments and Governors regarding the assent to bills. The defined timelines will serve as a benchmark for evaluating the conduct of Governors and the President, making it easier to assess whether their actions are within the bounds of the Constitution. This increased clarity will reduce ambiguity and uncertainty, potentially preventing similar conflicts from arising in other states. Secondly, the ruling reinforces the principle of cooperative federalism by emphasizing the need for collaboration and cooperation between the state and central governments. The directive for states to cooperate with the central government by providing timely responses to queries and considering suggestions expeditiously promotes a spirit of partnership and mutual respect. This collaborative approach is essential for effective governance and for addressing the complex challenges facing the nation. Thirdly, the judgment strengthens the autonomy and authority of state legislatures by limiting the ability of Governors to obstruct the legislative process. By preventing Governors from exercising a 'pocket veto' or 'absolute veto,' the court ensures that the will of the elected representatives of the people is not thwarted by unelected officials. This promotes democratic accountability and enhances the legitimacy of the legislative process. Fourthly, the ruling could lead to greater efficiency and responsiveness in the enactment of legislation. With clear timelines in place, state governments can plan their legislative agenda with greater certainty and avoid the delays and disruptions that can result from prolonged inaction by Governors. This will enable state governments to address the needs of their citizens more effectively and to implement policies that promote economic and social development. Fifthly, the Supreme Court's intervention serves as a deterrent against future abuses of power by constitutional authorities. The judgment sends a clear message that the judiciary is vigilant in protecting the constitutional rights and powers of the states and that it will not hesitate to intervene to prevent the abuse of power. This will encourage all constitutional authorities to act with greater responsibility and accountability. Finally, the ruling could prompt a broader review of the powers and functions of Governors in India. While the judgment focuses on the specific issue of assent to bills, it raises broader questions about the role of Governors in a democratic society. A comprehensive review of the powers and functions of Governors could lead to reforms that enhance their accountability and ensure that they act in accordance with the principles of constitutional governance. The Supreme Court's ruling is a landmark decision that has the potential to reshape the relationship between the central government and state governments in India. It is a significant step towards strengthening democracy, promoting cooperative federalism, and ensuring that the legislative process functions smoothly and efficiently.
Source: Supreme Court Sets 3-Month Deadline For President To Decide On Bills