LI Network
Published on: 16 August, 2025 15:04 IST
The Union Government has opposed the idea of imposing fixed timelines on the President and Governors for granting assent to bills, arguing that such a move would distort the constitutional balance of powers.
In a written submission before the Supreme Court, Solicitor General Tushar Mehta said that setting deadlines, as directed by the court earlier, would amount to “one organ of the state usurping powers not vested in it,” potentially leading to “constitutional chaos.”
The response comes after an April ruling by a bench of Justices JB Pardiwala and R Mahadevan, which directed that Governors must act on bills within one month, while the President must decide within three months on legislation reserved for her consideration. The court stressed that Governors could not adopt a “pocket veto” by indefinitely delaying assent.
Challenging this, the Centre argued that even under its extraordinary powers under Article 142, the Supreme Court cannot “amend or override the constitutional framework.” Mehta insisted that any delays or disputes must be addressed through “political and constitutional mechanisms” rather than judicial timelines. He further stated that the offices of the Governor and President are “politically complete” and represent “higher democratic ideals” beyond the control of other state organs.
Under Article 200, Governors may give assent, withhold assent, return a bill once for reconsideration, or reserve it for the President if it raises constitutional or national concerns. However, if the legislature passes a bill again after returning, the Governor is bound to grant assent.
The April verdict had sparked wider constitutional debate. President Droupadi Murmu, invoking Article 143, referred 14 questions to the Supreme Court on whether such judicially imposed deadlines are consistent with the Constitution, particularly concerning the powers of Governors and the President under Articles 200 and 201.
A constitution bench led by Chief Justice BR Gavai is scheduled to examine this Presidential Reference. The bench, also comprising Justices Surya Kant, Vikram Nath, PS Narasimha, and Atul S Chandurkar, directed the Centre and states to file their written views by August 12, with hearings likely to begin soon.