Daijiworld Media Network - New Delhi
New Delhi, Apr 12: In a landmark verdict set to redefine Centre-State relations, the Supreme Court has ruled that Governors and the President must act within three months on Bills passed and repassed by State legislatures, ending a long-standing deadlock in Tamil Nadu.
A division bench comprising justices J B Pardiwala and R Mahadevan delivered the verdict on Friday, striking down Tamil Nadu governor R N Ravi’s decision to withhold assent to 10 Bills passed by the DMK-led government. The top court invoked Article 142 to declare that the said Bills shall be deemed to have received assent on November 18, 2023 the day they were re-passed by the State Assembly.
The court also ruled that once a Bill is passed again by the legislature following the Governor’s return, it cannot be reserved for Presidential consideration. “Such undue delay violates constitutional principles,” the Bench observed, further stating that “extraneous considerations” seemed to have influenced the Governor’s actions.
The verdict is expected to have far-reaching implications across India, as the Supreme Court clarified that the President’s decisions under Article 201 are open to judicial review, a position that could potentially stir debate on judicial overreach.
Article 201 of the Constitution allows the President to either assent to or withhold assent from a Bill referred by a State Governor. The court, however, stressed that such discretion should not lead to inaction or indefinite delays, asserting that the President must now take a decision within three months.
While the Attorney General reportedly opposed the imposition of any deadline, the court rejected the Centre’s stance.
Former Union law minister Kapil Sibal hailed the decision as ‘historic’ and a ‘boon for Indian federalism.’ Speaking to the media, he remarked, “The practice of Governors sitting indefinitely on State Bills has been a tool of harassment. This verdict strengthens democratic institutions and removes ambiguity.”
Legal experts too lauded the ruling, noting that it upholds legislative supremacy and curtails misuse of gubernatorial powers a move seen by many as a much-needed corrective in India’s federal structure.
The decision is being closely watched by other opposition-ruled states that have expressed concerns over delays in assent by Governors to key legislation. With this verdict, the Supreme Court has attempted to restore constitutional balance between the Union and the States, reaffirming the primacy of elected legislatures.