‘No time limit applies to Governors, President’ – Supreme Court’s opinion different from April’s decision

The Supreme Court on Thursday (November 20) said that no time limit can be imposed on the Governor and the President for approving bills passed by a state assembly.

Although the court’s opinion is not binding, it becomes guidance for future litigation. Therefore, today’s response of the Supreme Court has effectively overturned its earlier decision, which had given a time limit of three months to the Governor and the President to approve the bills sent by the state Assembly.

“In a democratic country like ours, fixing deadlines for governors is against the flexibility provided by the Constitution,” a five-judge bench said while condemning the “deemed consent” given by the top court on April 8 on bills tabled by the state governor in the Tamil Nadu case.

The exercise of the powers of the Governor cannot be superseded even under Article 142. There is no question of the bill becoming law without the consent of the Governor.

The court said, “The Governor has only three options – either give assent, send the bills for reconsideration or send them to the President. The Governor can withhold assent and return the bill to the Assembly only if it is not a money bill.”

Explaining the constitutional options available to the Governor when a Bill is presented for assent, the Court said that the Governor can:

1. Providing consent;
2. Send the bill back to the Assembly for reconsideration; Or
3. Reserve the bill for the consideration of the President.

If the Assembly passes the same bill again without any amendments, it becomes mandatory for the Governor to give assent.

The court further clarified that when the Governor reserves a bill for the President, the reasons must be purely constitutional, and the President is also expected to act within a reasonable time limit.

A division bench led by Chief Justice of India BR Gavai said the courts cannot review the merits of the Governor’s decision, but in case of inaction, the courts can issue mandamus to discharge the function within a reasonable time period. “The officer of the Governor is subject to the jurisdiction of this court,” the court said.

Solicitor General Tushar Mehta, on behalf of President Draupadi Murmu, thanked the apex court for its ‘enlightened’ opinion.

The bench comprising Justices Surya Kant, Vikram Nath, PS Narasimha and AS Chandurkar, besides the CJI, clarified that the President is not required to seek the advice of this court whenever the Governor refers the Bill.