Скачать или смотреть SC’s Big Ruling on Governors! No Timelines, No ‘Deemed Assent’, But No Delays Either

The Supreme Court of India has issued a major constitutional opinion on the powers of the President and Governors while dealing with State Bills.
Responding to the 16th Presidential Reference, a five-judge Bench held:

🔹 What the SC Said
Judiciary cannot impose fixed timelines on Governors or the President to clear State Bills.
Courts cannot assume “deemed consent” if timelines expire — doing so would usurp executive powers.
But Governors/President cannot sit indefinitely on Bills through “prolonged and evasive inaction”.
Courts can issue a limited mandamus only in extreme cases of unexplained delay.

🔹 Clarifying Governor’s Options (Article 200)
A Governor has only three constitutional choices:
Give assent
Return the Bill (with comments)
Reserve it for the President
They cannot freeze a Bill without returning it to the Assembly.

🔹 Other Key Points

Courts cannot review the merits of Bills before they become law.
President is not bound to seek SC’s opinion on every State Bill.
Article 361 gives personal immunity to the Governor—no direct court proceedings.

🧭 Why This Matters

The ruling redefines the balance of power between the judiciary, executive and State legislatures—crucial for India’s federal structure.

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