SC underlines 'reasonable time' for nod to Bills, flags 'risk' in fixing time limit

Key Highlights:

• The Supreme Court addressed the matter of Governors' assent to Bills passed by state legislatures, emphasizing the need for action within a "reasonable time".
• A five-judge Constitution bench, led by CJI B.R Gavai, is hearing a presidential reference regarding time limits for presidential and gubernatorial action on Bills.
• Punjab, Karnataka, and Kerala, all opposition-ruled states, argued that Governors possess no discretionary power over Bills except as expressly stated in the Constitution.
• Arguments were presented that granting Governors unfettered discretion could endanger the democratic republic.

Detailed Insights:

• The Supreme Court expressed concerns that setting fixed time limits for the President and Governors could lead to increased litigation and judicial oversight of the legislative process.
• Article 200 of the Constitution was a focal point, with arguments suggesting the Governor is bound by ministerial advice when deciding on granting or withholding assent to Bills.
• An exception to this is Article 200(2), which allows the Governor to reserve a Bill for the President's consideration if it potentially undermines the powers of the High Court.
• The argument against absolute veto power for Governors is that it could render state elections meaningless, contradicting the Constitution's intent for the Governor to be a titular head acting on ministerial advice.
• The Constitution requires the Governor to act "as soon as possible" on Bills, particularly money bills, to avoid significant consequences.

Key Concepts Involved:

• Article 200: Constitutional article concerning the Governor's role in assenting to Bills passed by the state legislature.
• Ministerial Advice: The counsel provided by the state's council of ministers, which the Governor is generally expected to follow.
• Discretionary Power: The authority of the Governor to act independently, without the advice of the council of ministers, in specific constitutional circumstances.