Particle.news
Download on the App Store

Supreme Court to Deliver Advisory Opinion Thursday on Timelines for Bill Assent by Governors and President

The advisory follows an April ruling that set deadlines for assent, prompting the President to seek clarity under Article 143.

Overview

  • A five-judge Constitution Bench led by Chief Justice B. R. Gavai will pronounce the opinion on November 20 after reserving it on September 11 following about ten days of hearings.
  • The Article 143 reference presents 14 questions on whether courts can prescribe timelines under Articles 200 and 201, review assent-related actions before a law takes effect, and invoke Article 142 to deem assent.
  • The Union government, represented by the Attorney General and Solicitor General, argued against judicially fixed deadlines or deemed assent, warning of separation-of-powers violations.
  • States including Tamil Nadu, Kerala, West Bengal, Punjab and Karnataka urged enforceable constraints to prevent governors from withholding bills indefinitely and to safeguard elected governments’ functioning.
  • The bench has emphasized it will issue an advisory view rather than sit in appeal over the Tamil Nadu case, though its opinion is expected to carry significant constitutional weight despite not being formally binding.