The Supreme Court has directed that the President must take a decision within three months on bills referred by state governors. The judgment follows a legal dispute involving Tamil Nadu Governor RN Ravi, who had withheld assent to several bills passed by the DMK-led state government. The Court emphasized that constitutional processes cannot be delayed indefinitely and made it clear that inaction by either the Governor or the President could now be subject to judicial scrutiny.
President Cannot Exercise Pocket Veto
The case revolved around Article 201 of the Constitution, which allows a governor to reserve a bill for the President’s consideration. While the article outlines the process, it does not provide a specific timeline. The two-judge bench comprising Justices JB Pardiwala and R Mahadevan clarified that even when no timeframe is defined, any power under a statute must be exercised within a reasonable period.
The Court declared that the President does not hold a “pocket veto”—a power to withhold decisions indefinitely. Instead, the President must grant assent or withhold it within three months of receiving the bill from a governor. If the decision is delayed beyond this timeframe, the President must provide valid reasons, which must be communicated to the concerned state.
Legal Route for States if Deadlines Are Missed
The apex court further ruled that if the President fails to act within the stipulated period, the state has the right to seek judicial intervention. In a strong message to the executive, the Court emphasized that constitutional authorities cannot act as judges on legal issues arising from bills. Such questions must be referred to the judiciary, particularly under Article 143, which allows the President to seek the Supreme Court’s opinion on constitutional matters.
The ruling came in response to Tamil Nadu’s petition against the Governor, who had declined to approve 10 bills passed by the state assembly. The Court held the Governor’s actions as illegal, thus setting a precedent that all governors and the President must respect the democratic will of elected legislatures by acting within constitutionally reasonable timeframes.
