SC sets 3-month deadline for President to act on state bills, curbs governors' delays

The Supreme Court of India (Photo/ANI)

In a historic ruling, the has laid down a three-month deadline for the President to act on state bills forwarded by governors, aiming to end inordinate delays that have plagued Centre-state legislative interactions.

This development comes just days after the Court declared the Tamil Nadu Governor's repeated deferrals of 10 assembly-passed bills as legally flawed.

"We deem it appropriate to adopt the timeline prescribed by the Ministry of Home Affairs... and prescribe that the President is required to take a decision on the bills reserved for his consideration by the governor within a period of three months from the date on which such reference is received," the bench observed.

Delays beyond this period must now be justified in writing and shared with the concerned state government.

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The April 8 ruling by Justices JB Pardiwala and R Mahadevan stems from a legal dispute between the Tamil Nadu government and Governor . The governor had delayed action on 12 bills—some dating back to 2020—prompting the state to move the Supreme Court in 2023.

On November 13, 2023, the governor announced he was withholding assent to 10 of these bills. In retaliation, the Tamil Nadu legislative assembly reconvened on November 18 and re-enacted the same bills.

However, the governor reserved them again for the President's assent. The Supreme Court called this second reservation unconstitutional, setting it aside and nullifying any subsequent action taken by the President on those bills.

The top court ruled that the process violated Article 200 of the Constitution, which governs how governors should deal with state legislation.

The apex court also reminded both the Centre and the states of their collaborative responsibilities: the Centre must act promptly, and state governments must respond to queries and consider suggestions expeditiously.

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This judgment is expected to bring greater clarity and accountability to the federal legislative process. It ensures that state assemblies' legislative will is respected and not indefinitely stalled by the executive, reaffirming the balance envisioned in the Indian Constitution.