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Supreme Court to Deliver Advisory Opinion Today on Presidential Reference Over Assent Timelines

The case tests whether courts may set decision deadlines for Governors or the President on state bills, with consequences for separation of powers.

Overview

  • A five-judge Constitution Bench led by Chief Justice B. R. Gavai will pronounce its view on November 20 after reserving the opinion on September 11 following ten days of hearings.
  • President Droupadi Murmu invoked Article 143 to pose 14 questions on Articles 200 and 201, including the validity of court‑mandated timelines, the idea of deemed assent, and the scope of Article 142.
  • The reference was prompted by an April 8 ruling that fixed decision windows for Governors and the President and declared ten Tamil Nadu bills deemed to have received assent.
  • The Union, through the Attorney General and Solicitor General, opposed fixed timelines or mandamus to constitutional heads, warning of separation‑of‑powers breaches and questioning the April ruling’s correctness.
  • Several states urged judicial safeguards against indefinite withholding of bills, with the bench querying whether governors can keep legislation pending without decision and stressing that courts cannot be mute spectators.