Fourteen questions and court’s responses, Pg13

Key Highlights:

• The Supreme Court addressed 14 questions regarding the powers of the President and Governors concerning assent to bills.
• Governors can assent, reserve, or withhold assent from bills, as per Article 200 of the Constitution.
• The court clarified that while timelines cannot be imposed on the President and Governors, courts can intervene in cases of indefinite inaction.
• Actions of the Governor under Article 200 and the President under Article 201 are generally not subject to judicial review.

Detailed Insights:

• A Governor is not bound by the aid and advice of the Council of Ministers when exercising discretion under Article 200.
• Article 361 provides immunity to the Governor from being personally subjected to judicial proceedings.
• The President is not obligated to seek the Supreme Court's advice when a Governor reserves a bill for consideration.
• Courts cannot adjudicate the contents of a bill before it becomes law, and the concept of 'deemed assent' is not applicable.
• A state law requires the Governor's assent under Article 200 to come into force.
• The Supreme Court clarified that its powers under Article 142 cannot substitute the constitutional powers of the President or Governor.

Key Concepts Involved:

• Article 200: Deals with the powers of the Governor concerning assent to bills passed by the State legislature.
• Article 201: Deals with the powers of the President concerning bills reserved by the Governor for presidential assent.
• Article 361: Provides protection to the President and Governors from court proceedings.
• Article 142: Grants the Supreme Court powers to pass orders necessary for doing complete justice.