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Supreme Court Presses Centre Over Governors Sitting on State Bills

The Constitution Bench is hearing the President’s Article 143 reference on whether courts can set timelines for assent, with arguments to resume on August 26.

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If constitutional functionaries don't discharge duties, can courts' hands be tied, SC asks
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Overview

  • Chief Justice B. R. Gavai asked whether courts must remain powerless if a governor refuses to act on bills, warning that prolonged inaction can render an elected legislature defunct.
  • Solicitor General Tushar Mehta argued that Articles 200 and 201 are non-justiciable for imposing deadlines, saying remedies should be political or crafted by Parliament rather than through judicial timelines.
  • The bench questioned leaving a constitutional vacuum without outer limits on assent decisions and noted that the decision-making process could still face judicial review.
  • The Centre criticised the April 8 Tamil Nadu ruling that set timelines and directed deemed assent, contending that Article 142 cannot substitute the President or a governor.
  • Mehta concluded submissions as the advisory proceedings continued, with the court noting similar petitions from multiple states and scheduling the next hearing for August 26.