The Central Government is preparing to file a review petition against the recent Supreme Court ruling that established a specific time frame for the President and State Governors to act on Bills passed by State legislatures. Sources indicate that the Ministry of Home Affairs is leading the move, and has already sought legal counsel to support the filing. The petition is expected to be submitted this week before the same bench that issued the original verdict, which pertained to delays caused by Governors in forwarding Bills to the President.
The Supreme Court judgment was delivered in response to concerns over the Tamil Nadu Governor R N Ravi’s actions, where he delayed assent to several State Assembly Bills and later referred them to the President. The Court ruled this as unconstitutional and emphasized the need for a time-bound decision-making process under Article 201 of the Constitution, which previously lacked any specific deadlines.
As per the Court’s directive, if the President is to decide on a Bill sent by a Governor, the decision must be made within three months. Furthermore, if any delay occurs, the State Government must be informed in writing. The judgment also clarified that State Governments are entitled to challenge such delays through the judiciary.
The ruling marked the first time that the Supreme Court explicitly set deadlines for constitutional authorities regarding legislative processes. The Court observed that expert panels like the Sarkaria and Punchhi Commissions, as well as the Union Government’s own advisories, had previously urged timely decision-making but were not enforced. The bench, comprising Justices J B Pardiwala and R Mahadevan, stated that constitutional authorities could not indefinitely withhold decisions and were subject to judicial oversight when failing to act within a reasonable period.
The verdict also prescribed clear timelines for Governors: they must return or forward a Bill to the President within one month, based on Cabinet advice. If they return a Bill without such advice, they must do so within three months. If the Assembly passes the returned Bill again, the Governor must grant assent within a month, thereby making assent mandatory.
