Presidential Reference on Governor's Powers: SC Reviews Time Limits for Assent
UPSC Relevance
Prelims: Indian Polity and Governance - Constitution, Parliament and State Legislatures, Judiciary, Federal Structure, Powers and Functions of Governor and President. Key Articles of the Constitution (Art. 200, 201, 142, 143).
Key Highlights from the News
The five-judge Constitution Bench of the Supreme Court is considering the Presidential Reference (seeking opinion) filed by the President against the Supreme Court's earlier verdict that set a deadline for Governors and the President to approve state bills.
The Bench headed by the Chief Justice observed that the previous two-judge bench might have issued such a verdict due to the "egregious situation" where the Tamil Nadu Governor had withheld several bills since 2020.
The Attorney General argued that under Article 200 of the Constitution, the Governor has discretionary power to withhold assent to a state bill, and no time limit has been set for this.
Earlier, a two-judge bench, using its special power under Article 142, had set a three-month deadline for Governors and the President to decide on bills.
That verdict also stated that if a decision was not made within this deadline, the bills would receive "deemed assent."
The Central Government argues that the court cannot create a law (time limit) that is not in the Constitution by using Article 142.
This case discusses crucial issues related to the Governor's powers, Centre-State relations, and the separation of powers between the judiciary and the executive.
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