In a landmark ruling, the Supreme Court has for the first time laid down a strict timeline for the President of India to decide on bills reserved for her consideration by state governors, mandating a decision within three months of receiving such references. The apex court’s decision came just days after it declared the Tamil Nadu Governor’s move to reserve 10 bills for the President’s assent as “illegal and erroneous in law.”
The detailed 415-page judgment, uploaded late Friday night, not only reprimanded the delay tactics of governors but also stated that governors are constitutionally bound to act on the aid and advice of the state’s Council of Ministers. The court noted that there is no concept of a “pocket veto” or “absolute veto” available to the President or the Governor under Articles 200 and 201 of the Constitution.
Justices JB Pardiwala and R Mahadevan, who delivered the verdict on April 8, declared that if the President fails to act within three months, reasons for the delay must be recorded and communicated to the state. Moreover, states are also expected to cooperate with the Centre by providing information and responses promptly.
The bench was critical of Tamil Nadu Governor R. N. Ravi, asserting that he acted in bad faith by indefinitely delaying assent to bills, and then reserving them for the President’s consideration following a prior Supreme Court directive. The court made it clear that this was a roadblock to the legislative process and cannot be allowed under the constitutional framework.
The court emphasized that after a bill is reconsidered and presented again by the state legislature, the governor is required to grant assent within a month. Similarly, in cases where the governor chooses to withhold assent or refer the bill to the President contrary to ministerial advice, such action must also happen within three months.
In a strong move, the court invoked its extraordinary powers under Article 142 to deem the 10 Tamil Nadu bills as having received assent and directed copies of the judgment to be sent to all high courts and principal secretaries to governors across India.
This judgment marks a significant step toward curbing arbitrary delays by constitutional authorities and reinforces the accountability of both the Governor and the President in the law-making process of states.
