SC Laid Down 3 Month Deadline For President To Assent Bill Reserved By Governor
In a landmark judgment in State of Tamil Nadu vs. Governor of Tamil Nadu (2023), the Supreme Court of India addressed a critical void in the legislative process—delays in Presidential assent to State Bills reserved under Article 201. For the first time, the Court established a 3-month deadline for the President’s decision, ensuring accountability and protecting the principles of federalism and democratic governance. Additionally, the Court advised that the President ought to seek the opinion of the Supreme Court under Article 143 in cases where a Bill is reserved for perceived unconstitutionality. This judgment is a significant step toward safeguarding the spirit of cooperative federalism and curbing executive arbitrariness.
Sarkaria Commission (1988) & Punchhi Commission (2010) recommended,
Summary/Static | Details |
Why in the news? | SC Laid Down 3 Month Deadline For President To Assent Bill Reserved By Governor |
Article Invoked | Article 201, Article 143 |
Timeframe for Decision | President must decide within 3 months |
Type of Action Required | Assent or Withholding, with reasoned communication |
On Withholding Assent | Must be based on sound legal grounds |
Judicial Recourse | States may file Writ of Mandamus |
SC’s Role via Article 143 | Advisory opinion in constitutional matters (not policy) |
Governor vs. President | Governor must assent if Bill re-passed; President is not bound |
Relevant Reports | Sarkaria Commission, Punchhi Commission, MHA 2016 Memo |
Limitation on SC Advisory | No comment on policy or political matters |
Aim of the Ruling | To end indefinite delay, uphold cooperative federalism |
Campbell Wilson, the current CEO of Air India and Chairman of Air India Express since…
In a significant move to improve healthcare access for the rural population of Karnataka, the…
Indian Air Force (IAF) conducted major military drills, named Exercise 'Aakraman,' simulating attacks on both…
The Ganga River is one of the most sacred rivers in India. It flows through…
In a significant move aimed at enhancing the security of digital banking and combating growing…
International Delegate’s Day, observed annually on April 25, celebrates the crucial role of delegates in…