The Supreme Court on Thursday set aside its earlier ruling that required governors and the President to decide on state bills within three months, holding that courts cannot impose rigid timelines on constitutional authorities.
A five-judge bench headed by Chief Justice of India BR Gavai said prescribing deadlines would “violate the elasticity available under the Constitution,” but it also warned governors against deliberately taking no action at all.
While delivering its opinion on the presidential reference for timelines to clear state bills, the top court stressed that while it cannot interfere in the merits of a Governor’s decision, “stalling bills indefinitely and bringing bills to procedural impasse is antithetical to the Constitution.”
STORY IN 10 POINTS:
- The bench stated that governors have only three constitutionally sanctioned options: assent, return the bill to assembly or refer it to President, and cannot withhold bills indefinitely to “frustrate” the legislative process.
- The Supreme Court noted that the judiciary cannot step into the lawmaking domain. However, it clarified that “unexplained indefinite delay can come under judicial scrutiny.”
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