​Blow to States, Pg6

Key Highlights:

• The Supreme Court addressed the 16th Presidential Reference, ruling on the powers of Governors and the President regarding State Bills.
• The Court held that the judiciary cannot impose fixed timelines on Governors or assume "deemed consent" for State Bills.
• Governors can now effectively block or delay State legislation without explicit constitutional accountability.
• The ruling contradicts an earlier judgment from April 2025 that prescribed three-month timelines for Governors.
• Even after a State Assembly re-passes a Bill, the Governor can still reserve it for the President's consideration.

Detailed Insights:

• The Supreme Court invoked separation of powers, empowering Governors at the expense of State rights.
• The Court stated that Articles 200 and 201 do not prescribe deadlines, disregarding the constitutional text "as soon as possible".
• The framers of the Constitution intentionally removed the phrase "in his discretion" from Articles 200 and 201 to limit the Governor's power.
• The Sarkaria Commission had recommended a six-month period for Governors to decide on Bills.
• The judgment provides no guidance on when referring a Bill to the President is appropriate, potentially leading to indefinite delays.
• States have limited mechanisms to challenge arbitrary delays, even on subjects under the State List.

Key Concepts Involved:

• Article 200: Deals with the Governor's role in assenting to Bills passed by the State Legislature.
• Article 201: Concerns the Governor reserving a Bill for the President's consideration.
• Article 142: Grants the Supreme Court the power to pass orders necessary for doing complete justice.
• Federalism: A system of government in which power is divided between a central authority and constituent political units.