Saptrishi Soni: In a landmark judgment that is being hailed as a significant stride towards strengthening India’s federal fabric, the Supreme Court of India has decisively curtailed the discretionary silence of Governors and the President on legislative bills, prescribing firm timelines for action. This historic decision is expected to not only uphold democratic values but also prevent undue delays in state-level legislation that have increasingly tested the balance of power between elected governments and constitutional heads.
This development arrives against the backdrop of a contentious legal battle between the Tamil Nadu Government and Governor R.N. Ravi, who had withheld or delayed assent to as many as twelve bills, including some pending since 2020. The apex court’s intervention marks the first time it has formally laid down a timeframe for the President to act on bills reserved by Governors—three months from the date of receipt. It also sets a maximum of one month for Governors to act when bills are presented for the first time and stipulates that even if they withhold assent or reserve it for Presidential consideration, it must be done without delay and with recorded reasons.
The court categorically dismissed any notion of a “pocket veto” or “absolute veto” in the Indian constitutional framework, stating unequivocally that the President, too, must make a definitive choice under Article 201—either to grant or to withhold assent—within a reasonable and now judicially defined period. By invoking its extraordinary powers under Article 142, the Supreme Court further underscored the seriousness of its stance by declaring the ten Tamil Nadu bills, which were re-passed in a special assembly session, as deemed to have been assented to.
This judgment does more than resolve a single state-level constitutional standoff. It lays down a critical precedent that reaffirms the supremacy of elected legislative institutions in a parliamentary democracy. The verdict reiterates that Governors and the President are not free agents but are bound by constitutional morality and the principle of responsible governance. The court reminded all that the discretionary powers of these constitutional authorities are not to be misused or weaponized to delay governance, thwart the popular mandate, or paralyze state administrations.
By making it clear that the inaction of a Governor or the President on a bill will now be open to judicial scrutiny, the bench of Justices J.B. Pardiwala and R. Mahadevan has struck a blow against opacity and arbitrariness. Their observation that Article 200 cannot be interpreted in a manner that blocks the law-making machinery of the state sends a powerful message—that democratic delay cannot masquerade as constitutional discretion.
This decision is not just an answer to the Tamil Nadu case but a much-needed corrective to the increasingly strained Centre-State relations seen in recent years. In a federal union like India, where states are not merely administrative units but sovereign entities within their own domains, it is imperative that the will of their legislatures be respected and responded to in a timely manner. Any attempt to stall or sidestep this process, especially under the guise of procedural discretion, undermines the very ethos of cooperative federalism.
In its strongly worded and deeply reasoned 415-page judgment, the Supreme Court also acknowledged the possibility of mala fide intent in the Governor’s decisions and has empowered State Governments to challenge such Presidential assent denials before the judiciary. This serves to restore a crucial check in the system—preventing constitutional offices from becoming tools of political obstruction.
Furthermore, the Court advised that state governments must also cooperate by promptly providing any clarification or data sought by the Centre or the President during such processes. This ensures that both sides—Centre and States—act in good faith and are held to a common standard of transparency and responsibility.
The timing of this verdict cannot be overlooked. With increasing friction reported between several state governments and their appointed Governors across the country, the Supreme Court has now drawn a red line—both legal and moral—around the conduct expected from constitutional heads. It has clarified that while the Constitution allows for deliberation, it does not condone delay. The message is clear: democracy demands action, not apathy.
This ruling not only provides clarity on Article 200 and 201 but more importantly, elevates the principles of accountable governance and cooperative federalism. It fortifies the architecture of India’s democratic republic by ensuring that no constitutional authority can remain indefinitely non-committal to the will of the people as expressed through their elected representatives.
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