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Supreme Court Reserves Advisory Opinion on Assent Timelines for Governors and President

A five-judge bench closed 10 days of arguments on a rare Article 143 reference that probes judicial limits against executive discretion.

Overview

  • The court’s opinion is expected before November 23, when CJI B. R. Gavai retires, and it will be advisory rather than binding.
  • Solicitor General Tushar Mehta urged the bench to hold the April 8 Tamil Nadu ruling on fixed timelines as not correct law and argued that directing constitutional functionaries would breach separation of powers.
  • Opposition-ruled states and senior advocates opposed reopening the April ruling, contending that the Article 143 route cannot unsettle precedent and that timelines guard against obstruction of elected legislatures.
  • The bench questioned whether it should sit idle if a constitutional authority fails to act and noted the risk of elected governments being subject to indefinite delays by unelected appointees.
  • The Centre submitted data showing around 17,150 state bills since 1970, with roughly 90% receiving assent within a month and assent withheld in about 20 cases.