President Murmu Seeks Supreme Court’s Guidance on Governor’s Bill Decision Timelines
President Murmu Seeks Supreme Court’s Guidance on Governor’s Bill Decision Timelines
In a significant move, President Droupadi Murmu has referred 14 questions to the Supreme Court seeking clarification on the powers of Governors regarding bills passed by state legislatures. This reference comes in the wake of a landmark ruling by the Supreme Court in April concerning the Tamil Nadu Governor’s actions on several bills.
The President’s questions revolve around the constitutional framework governing the Governor’s power to reserve bills for presidential assent under Article 201 of the Indian Constitution. She specifically seeks clarity on issues like whether the Governor can be bound by the advice of the Council of Ministers, whether the Governor’s decisions are subject to judicial review, and whether the court can set timelines for the Governor’s decisions on bills.
The President’s reference also touches upon the concept of “deemed assent,” a legal principle established by the Supreme Court in the Tamil Nadu case. This principle states that if a Governor fails to act on a bill within a reasonable time, it is deemed to have been assented to. The President has argued that this concept undermines the constitutional powers of both the President and the Governor.
Background: The Tamil Nadu Governor Case
The Supreme Court’s April ruling in the Tamil Nadu case centered around 10 bills that were pending before the Governor for his assent. The court found the Governor’s actions to be “illegal and erroneous” and deemed the bills to have been assented to. This was the first time in history that such a decision was made, setting a significant precedent for the relationship between the Governor, the State Legislature, and the President.
The President’s reference to the Supreme Court highlights the complexities surrounding this issue and the need for further clarification on the constitutional powers of the Governor. The court’s response is likely to have significant implications for the functioning of the federal system in India.
