Supreme Court Examines Presidential and Gubernatorial Assent Powers: Can the Judiciary Step In?
Introduction The Supreme Court of India has raised a crucial constitutional question: Can the apex court remain powerless if the President or state governors indefinitely withhold assent to bills passed by duly elected legislatures? The matter came up while examining President Droupadi Murmu’s Article 143 reference filed in May 2025, seeking clarity on the judiciary’s role in enforcing timelines for assent to legislation. This debate strikes at the heart of India’s separation of powers and federal structure , questioning whether constitutional discretion vested in high offices should be judicially regulated when used to indefinitely stall governance. Background: The Tamil Nadu Bills Case This presidential reference stems from the Supreme Court’s April 8, 2025 judgment concerning Tamil Nadu Governor R.N. Ravi’s prolonged inaction over several state bills. The Court invoked Article 142 to deem 10 Tamil Nadu bills as assented to , holding that the governor’s delay was “ille...