In a significant ruling that could reshape legislative procedures, the Supreme Court of India has, for the first time, established a timeframe for the President’s assent to state bills. The judgment comes amid growing concerns over prolonged delays in giving assent to legislation passed by elected state assemblies.
The ruling was delivered in response to a case involving Tamil Nadu, where multiple bills passed by the State Assembly had been pending with the Governor and subsequently with the President for an extended period. The court observed that such indefinite delays are not in line with the spirit of the Constitution and can obstruct the functioning of a democratically elected government.
A bench led by Chief Justice D.Y. Chandrachud noted that while Article 200 and Article 201 of the Constitution outline the procedure for gubernatorial and presidential assent, they do not specify a strict timeframe, leading to administrative uncertainty. In its directive, the court emphasized that constitutional authorities must act within a "reasonable time frame" to respect the federal structure and democratic process.
The Supreme Court’s judgment, while not prescribing an exact number of days, stated that the President or Governor must decide on bills without “avoidable delay.” It added that unreasonable delays could be subject to judicial review in the future, setting a precedent for accountability.
This decision is expected to have a direct impact on the centre-state relations, particularly in politically sensitive states where governors have withheld assent or returned bills passed by state legislatures. Legal experts believe this move strengthens the legislative autonomy of states while reinforcing constitutional balance between executive and legislative arms.
The court also reiterated that the role of Governors and the President in giving assent is not discretionary but guided by constitutional principles. The judgment is likely to affect pending legislation in states like Punjab, Kerala, and Telangana, where similar issues have been raised in recent months.
Political analysts have welcomed the ruling as a positive step towards ensuring smoother governance and preventing political roadblocks in lawmaking. Several opposition parties have earlier accused governors of deliberately delaying state bills for political reasons, a charge denied by the central government.
The Supreme Court’s intervention is expected to bring clarity, speed, and accountability to the process of enacting laws across India, marking a pivotal moment in the country’s democratic framework.
