No timelines for President and Governors on Bill: Supreme Court, Pg1

Key Highlights:

• The Supreme Court stated that no fixed timeline can be imposed on the President and Governors for acting on bills passed by state legislatures.
• The SC clarified that prolonged, unexplained, and indefinite inaction by the Governor is subject to judicial review.
• The Governor has three options under Article 200: grant assent, reserve the bill for the President's consideration, or return the bill to the legislature with comments.
• The President's decision to assent or withhold assent to a state bill is not open to judicial review on its merits.
• The SC cannot adjudicate on the validity of a bill before it receives assent and becomes law.

Detailed Insights:

• The Supreme Court's opinion recalibrates the balance of power between Raj Bhavans and elected state governments, addressing a Presidential Reference made by President Droupadi Murmu.
• The SC ruled that Governors cannot indefinitely sit on bills, effectively outlawing the "pocket veto," but rejected imposing rigid timelines on constitutional authorities.
• While the Governor enjoys discretion in granting assent to bills and is not bound by the advice of the Council of Ministers, prolonged inaction is subject to judicial review.
• Article 361 grants personal immunity to the President and Governors, but it does not protect the "office" from judicial scrutiny regarding constitutional inaction.
• The SC overruled its previous judgment that had set specific timelines for a Governor to act on bills, stating that the judiciary cannot prescribe rigid deadlines.
• The advisory opinion of the SC has left the door open for continued friction, potentially leading to more litigation in the near future.

Key Concepts Involved:

• Article 200: Outlines the process for a Governor to give assent to a bill passed by the state legislature.
• Article 361: Grants the President and Governors personal immunity from being answerable to any court for the performance of their duties.
• Article 142: Grants the SC the power to pass any order necessary to do "complete justice".