Supreme Court Directs Timely Decision On Bills: Governors And Presidents Must Act Within Three Months

Supreme Court Directs Timely Decision On Bills: Governors And Presidents Must Act Within Three Months

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In a landmark ruling, the Supreme Court has mandated that both governors and the President must take a decision on bills referred to them within three months, ensuring a swift and accountable legislative process. The court’s decision, announced on Friday, set aside the Tamil Nadu Governor's choice to withhold assent to pending bills, marking a pivotal moment in the country's legal landscape.

A bench comprising Justices JB Pardiwala and R Mahadevan delivered the verdict, making it clear that the discharge of functions by the President and governors under Article 201 is open to judicial review. The ruling emphasized that timely decisions are crucial for upholding the constitutional framework.

According to Article 201, when a governor reserves a bill for the President’s consideration, the President must either assent to the bill or withhold assent. Previously, there had been no specific timeframe set in the Constitution for this decision-making process. The court has now provided clarity, requiring the President to make a decision within three months from receiving the reference.

The bench pointed out that the absence of a time limit did not mean the decision could be delayed indefinitely. “The position of law is settled that even where no time-limit is prescribed for the exercise of any power under a statute, it should be exercised within a reasonable time,” the court said. It added that the President does not hold a "pocket veto" and must either grant assent or withhold it without undue delay.

In line with this ruling, the court also emphasized that if there is any delay beyond the prescribed three months, valid reasons must be recorded and communicated to the concerned state government.

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