A 5-Judge bench of the Supreme Court in the 16th Presidential Reference (under Article 143) held that Court cannot impose any timelines for decisions of the President and the Governor on granting assent to Bills under Articles 200/201 of the Constitution.
- Previously, in April 2025, the Supreme Court prescribed specific time-limits for the Governor and President to act on Bills under Article 200 and 201.
- Article 143 allows the President to seek the opinion of the Supreme Court on significant legal or factual questions.
Other Key Highlights of the Judgment
- ‘Deemed Assent’ is alien to the Constitution: Courts cannot assume that a Bill is approved merely because the court-ordered time has lapsed.
- It would amount to judicial usurpation of constitutional powers of the President/Governor and violates Separation of Powers and Constitutional scheme of federal governance.
- Governors/President Cannot Sit on Bills Indefinitely: As it violates federalism, legislature’s will and constitutional morality.
- Limited Judicial Review: Courts can intervene if the Governor/President acts with malafide intent.
- Review limited to process, not merits of assent.
- The President is not required to seek advice of the Supreme Court whenever a Governor reserves a Bill for her assent as the subjective satisfaction of the President is sufficient.
About Article 200 and 201
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