New Delhi’s SC imposes deadline for governors on bill assent inspired by Pakistan, US
The Supreme Court in New Delhi has mandated a deadline for governors to either approve or return bills passed by state assemblies, citing constitutional frameworks from Pakistan and the United States.
The ruling, issued by Justices J B Pardiwala and R Mahadevan, asserts that any violation of these specified time limits will be open to judicial scrutiny.
The comprehensive 415-page judgment seeks to clarify the constitutional expression “as soon as possible” concerning the timelines for governors and the President when addressing legislative bills.
Justice Pardiwala emphasized that all actions taken under the Constitution are subject to judicial review, thereby ensuring that the roles of governors and the President cannot evade oversight.
The court referenced its earlier decision addressing disqualification claims under the anti-defection law, drawing comparisons with Article 75 of Pakistan’s Constitution and Article I, Section 7 of the US Constitution, which stipulate automatic assent for bills if no decision is rendered within a designated timeframe.
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This ruling allows for the automatic assent of ten long-stalled bills in Tamil Nadu, categorically declaring the governor’s delays as unlawful and nullifying any subsequent actions by the President concerning these bills.
The Supreme Court highlighted that the absence of a time limit could enable governors to undermine democratic processes, granting them excessive power through prolonged inaction on important legislation.
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