Supreme Court Imposes Time Limits on Governors and President to Act on Bills
The Supreme Court of India has held that after a bill is sent back to the Governor for reconsideration by the State legislature, it should be approved without delay. In a path-breaking judgment, the court specified time limits within which Governors and the President are required to take action on bills tabled in State legislatures.
Time Limits for Governors
Where the Governor acts on the aid and advice of the State Council of Ministers, they shall act forthwith, within a maximum period of one month, in withholding assent or sending a bill to the President for his consideration.
If the Governor withheld assent against the advice of the State Council of Ministers, he is to return the bill along with a message within a maximum period of three months.
On reserving bills for consideration of the President against the advice of the State Council of Ministers, the Governor should reserve it within a maximum time span of three months.
Where a bill is presented for assent after reconsideration by the House, the President shall give assent forthwith, subject to a period not exceeding one month ¹ ².
Time Limit for President
The President must decide on bills reserved for their consideration by the Governor within three months from the date on which such reference is received. If there is any delay after this, proper reasons would have to be noted and communicated to the concerned State ³.
Implications of the Judgment
This judgment is meant to prevent procrastination in the law-making process and make sure that constitutional powers respond with speed. The court reiterated that willful inaction on the part of the Governor would be considered a serious disruption to the country's federal polity. The ruling also explained that the Governor has no discretion in exercising their functions under Article 200 of the Constitution and has to act in accordance with the advice given by the Council of Ministers ².
Judicial Review
The court emphasized that the exercise of powers by the President and Governor is amenable to judicial review. Any inaction or action by these authorities can be challenged before the courts if it's found to be arbitrary or malicious. The timelines prescribed will act as a yardstick for courts to exercise judicial review and ascertain whether any malfeasance or inaction has been done ².
The Supreme Court's judgment is an important move towards making the law-making process in India efficient and effective and constitutional authorities working according to the norms of parliamentary democracy.