A first, SC sets deadline for President to decide on Bills

In an unprecedented verdict, the Supreme Court has restricted the President’s discretionary powers on Bills referred by Governors under Article 201 of the Constitution and set a three-month timeframe for her to decide on the Bills reserved for her consideration.

“The President is required to take a decision on the Bills reserved for his (her) consideration by the Governor within three months from the date when such reference is received. In case of any delay beyond this period, appropriate reasons would have to be recorded and conveyed to the state concerned,” a Bench led by Justice JB Pardiwala said.

“Where the President exhibits inaction in making a decision on a Bill presented to him (her) for assent under Article 201 and such inaction exceeds the time-limit (of three months), then it shall be open to the state government to seek a writ of mandamus from this court,” said the Bench, which also included Justice R Mahadevan.

In case of any delay beyond this period, appropriate reasons would have to be recorded and conveyed to the state concerned, the Bench said. “The states are also required to be collaborative and extend cooperation by furnishing answers to the queries which may be raised and consider the suggestions made by the Central government expeditiously,” it said. The top court said “that the simpliciter withholding of assent both by the President and the Governor would be impermissible within the fundamental principles of a constitutional democracy”.

Given its serious implications, the government was likely to request the top court to review the verdict, sources said.

Exercising its plenary power under Article 142 of the Constitution, the Bench declared that the 10 Bills would be deemed to have received the Governor’s assent when they were presented to him for the second time after having been passed by the state legislature again.

This is for the first time that such a timeframe has been set for the President. The verdict assumes significance in view of the fact that the Constitution does not prescribe any such timeframe for the President for exercise of her executive powers on several issues, including mercy petitions and judicial appointments.

The Bench said the President should seek the Supreme Court’s opinion under Article 143 of the Constitution on Bills referred to her consideration by the Governor under Article 201.

“Where a state Bill has been reserved by the Governor, in his discretion, for the consideration of the President on the ground that the Bill appears to be patently unconstitutional for placing the principles of representative democracy in peril, the withholding of assent by the President would, in ordinary circumstances, involve purely legal and constitutional questions and therefore be justiciable without any impediments imposed by the doctrine of political thicket,” it said.

Top News