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Date: 21 Nov 2025 | Topic: Polity & Constitution
Why in News?
A Constitution Bench of the Supreme Court clarified the powers of Governors and the President regarding assent to state Bills under Articles 200 and 201.
The clarification came after a Presidential Reference (Article 143) triggered by prolonged delays in action on State Bills—especially highlighted in the Tamil Nadu case where the court earlier declared “deemed assent”.
Key Highlights of the Supreme Court Ruling
Governors Cannot Delay Bills Indefinitely
The Governor cannot hold on to a Bill endlessly. Action must be taken “as soon as possible” under Article 200.
Courts Cannot Fix Deadlines
The judiciary cannot impose fixed timelines on the Governor or the President for granting assent. Courts cannot rewrite constitutional text.
No Concept of “Deemed Assent”
The Supreme Court rejected the idea of “deemed assent”. Courts cannot declare Bills as assented due to inaction, nor can Article 142 be used to bypass constitutional requirements.
Governor’s Options Under Article 200
A Governor has only the following choices:
• Grant assent
• Return the Bill (only once)
• Reserve it for the President
Indefinite withholding is not permitted.
Governor’s Discretion
When deciding on assent, return, or reservation, the Governor exercises independent constitutional discretion and is not bound by the aid and advice of the Council of Ministers.
Inaction Is Justiciable
While courts cannot question the merits of the Governor’s decision, they can review unreasonable or unexplained delays and direct the Governor to act.
Article 361 Immunity Has Limits
Article 361 protects the individual Governor, not the office. It cannot justify inaction or obstruction.
President’s Powers Under Article 201
No Timelines for the President
Courts also cannot prescribe deadlines for the President when Bills are reserved for consideration.
Merits Not Reviewable
The President’s decision—whether to assent or withhold assent—is beyond judicial review.
No Obligation to Consult the Supreme Court
The President is not required to seek the Supreme Court’s advice under Article 143 for every reserved Bill.
Judicial Power and Its Boundaries
Courts Cannot Review Bills
Judicial review applies only to laws, not Bills pending assent.
Article 142 Cannot Override the Constitution
The Supreme Court cannot use Article 142 to create doctrines like “deemed assent” or replace constitutionally assigned functions.
No Law Without Formal Assent
A Bill becomes law only when the Governor or President formally grants assent.
Unanswered Issues
The Court declined to comment on whether all such issues must always go to a Constitution Bench (Article 145(3)) or whether Article 131 is the exclusive route for Centre–State disputes.
