10th September 2025 (16 Topics)
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Governor Bill Assent
Context:
The Supreme Court is examining whether specific timelines can be imposed on Governors and the President to grant assent to State Bills, following a Presidential Reference.
Constitutional Role of Governors
- Governors are constitutional authorities under Articles 200, 201, and 153–167.
- They act as a link between the State and Union and are expected to be “true guides and philosophers” for State governments.
- Their assent to Bills is a constitutional requirement for legislation to become law.
Current Issue
- States like Kerala, Tamil Nadu, Punjab, Telangana, and West Bengal have faced delays of 7–23 months in Bill assent.
- Other States generally accord timely assent, indicating collaborative functioning is possible.
Legal and Advisory Context
- Presidential Reference: Supreme Court is interpreting whether timelines can be imposed on Governors/President under Articles 200 (Bills reserved for Governor’s assent) and 201 (Bills reserved for President’s assent).
- Past precedent: April 8 judgment on Tamil Nadu Governor established three-month deadlines for assent.
- Advisory jurisdiction under Article 143 allows the Court to provide guidance to the President on constitutional matters.
Governance Implications
- Delays in assent disrupt the legislative process and affect governance.
- Ensuring timely assent preserves constitutional balance between legislature, executive, and Governor.
- Over-specification of timelines may risk litigation proliferation, as seen in medical admission cases.
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