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The Supreme Court of India has set a firm three-month deadline for the President to decide on bills referred by state governors. The court ruled that once a bill is reserved for the President’s consideration, a decision must be made within three months of receiving such a reference.
A bench comprising Justices JB Pardiwala and R Mahadevan delivered this significant judgment on April 8, while addressing a petition filed by the Tamil Nadu government against delays in gubernatorial assent to state legislation.
“We deem it appropriate to adopt the timeline prescribed by the Ministry of Home Affairs… and prescribe that the President is required to take a decision on the bills reserved for his consideration by the Governor within a period of three months from the date on which such reference is received,” the court stated.
The apex court also made it clear that in case of any delay beyond this period, valid reasons must be recorded and communicated to the concerned state government. It further emphasized the need for states to cooperate by promptly responding to any queries raised and consider suggestions made by the central government without delay.
In a significant direction for federal relations, the court added, “Where the Governor reserves a Bill for the consideration of the President and the President in turn withholds assent thereto, it shall be open to the State Government to assail such an action before this Court.”
Backdrop of the Case
The decision came amid a standoff between the Tamil Nadu government and Governor R N Ravi, who had withheld assent to 10 bills on November 13, 2023. In response, the Tamil Nadu Legislative Assembly reconvened a special session on November 18, 2023, and re-enacted the same bills, sending them once again for the Governor’s approval. Subsequently, some of these bills were reserved for the President’s consideration.
The delay led the Tamil Nadu government to move the Supreme Court in 2023, pointing out that 12 bills, including one pending since 2020, were being held up by the Governor.
In a decisive move, the Supreme Court set aside the reservation of these 10 bills in the second round, calling it “illegal” and “erroneous in law”. The 415-page verdict, made public late Friday night, also established a clear framework for timely decision-making by governors and the President on state legislation.
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