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24m ago

Supreme Court Bars Judicial Timelines on Bill Assent, Warns Governors Against Indefinite Delay

The advisory opinion bars fixed deadlines while permitting only limited court orders to counter deliberate stalling by constitutional authorities.

SC says Governors cannot hold state bills indefinitely but refuses to set timelines
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The top court to give its opinion on Presidential reference on Thursday. (ANI)
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Overview

  • A five-judge Constitution Bench issued an advisory opinion under Article 143, which is not binding but carries significant constitutional weight.
  • The court set aside the April two-judge Tamil Nadu ruling that imposed one- and three-month deadlines and used Article 142 to declare deemed assent.
  • Judges rejected any concept of deemed assent and said courts cannot review bills at the assent stage or dictate outcomes, though they may require a decision within a reasonable period in cases of deliberate inaction.
  • Governors retain discretion to return bills or reserve them for the President and are expected to pursue constitutional dialogue rather than stall legislation.
  • Led by CJI B. R. Gavai, the Bench clarified limits under Articles 200 and 201 and said the President need not seek Supreme Court advice when a bill is reserved.