Overview
- Ruling on a Presidential Reference, the Court said it cannot impose a fixed time-limit on governors or the President to act on bills or declare deemed assent.
- Judges held that unreasonable or indefinite delays that stall law-making can attract limited judicial directions to take a time-bound decision without commenting on the bill’s merits.
- The bench clarified that under Articles 200 and 201 a governor’s options are confined to assent, return for reconsideration, or reserving a bill for the President, and indefinite withholding is impermissible.
- In a separate decision, the Court struck down multiple provisions of the Tribunal Reforms Act, 2021, criticizing the government for re-enacting measures previously invalidated as ‘old wine in a new bottle.’
- The judgment restored tribunal tenures by setting retirement ages for ITAT and CESTAT members at 62, with their chairpersons retiring at 65.