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 |
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