Supreme Court sets 3-month deadline for President to decide on bills
For the first time, the Supreme Court has prescribed that the president should decide on the bills reserved for her consideration by the governor within a period of three months from the date on which such reference is received.
Four days after the top court cleared 10 bills, which were stalled and reserved by Tamil Nadu Governor R N Ravi for the president’s consideration, and set a timeline for all governors to act on the bills passed by the state assemblies, the judgement running into 415 pages was uploaded on the top court’s website at 10.54 pm on Friday.
“We deem it appropriate to adopt the timeline prescribed by the Ministry of Home Affairs… and prescribe that the President is required to take a decision on the bills reserved for his consideration by the Governor within a period of three months from the date on which such reference is received. In case of any delay beyond this period, appropriate reasons would have to be recorded and conveyed to the concerned State. The States are also required to be collaborative and extend co-operation by furnishing answers to the queries which may be raised and consider the suggestions made by the Central government expeditiously,” the top court said.
A bench of Justices JB Pardiwala and R Mahadevan on April 8 set aside the reservation of the 10 bills for the president’s consideration in the second round holding it as illegal, erroneous in law.
Without mincing words, the court said “where the Governor reserves a Bill for the consideration of the President and the President in turn withholds assent thereto then, it shall be open to the State Government to assail such an action before this Court”.
Article 200 of the Constitution empowers the governor to give assent to the bills presented to him, withhold the assent or to reserve it for the consideration of the president.
“The Bills, having been pending with the Governor for an unduly long period of time, and the Governor having acted with clear lack of bona fides in reserving the Bills for the consideration of the President, immediately after the pronouncement of the decision of this Court in State of Punjab (supra), are deemed to have been assented to by the Governor on the date when they were presented to him after being reconsidered. There is no expressly specified time-limit for the discharge of the functions by the Governor under Article 200 of the Constitution. Despite there being no prescribed time-limit, Article 200 cannot be read in a manner which allows the Governor to not take action upon bills which are presented to him for assent and thereby delay and essentially roadblock the law-making machinery in the State,” the bench said in its judgement.