Posts

Showing posts with the label Governor Assent Powers

Supreme Court Clarifies Constitutional Powers of Governor and President Under Articles 200 and 201

Image
On 20 November, the Supreme Court of India delivered a significant ruling clarifying the constitutional functions of Governors under Article 200 and the President under Article 201 . The judgment addressed multiple questions referred by the President concerning delays in granting assent to state legislation and the extent of judicial oversight in such matters. This decision is critical for understanding the federal framework, the balance of powers, and the constitutional mechanisms governing state legislation. Powers of the Governor Under Article 200 Constitutional Options Before a Governor When a Bill is presented to the Governor under Article 200 , the Governor has three constitutional options: Grant assent to the Bill. Withhold assent and return the Bill (with recommendations) to the Legislature. Reserve the Bill for the consideration of the President. The power to return a Bill with comments does not apply to Money Bills. Whether Governor Is Bound by Council of ...

Supreme Court: No Timelines for Governors and the President to Clear Bills

Image
Introduction The Supreme Court’s five-judge Constitution Bench has clarified a major constitutional question: courts cannot impose judicial timelines on governors or the President while granting assent to state legislation . This advisory opinion, delivered under Article 143 of the Constitution, reinforces the foundational principle of separation of powers , particularly regarding the relationship between the judiciary, the executive, and the federal structure. This ruling overturns an earlier two-judge judgment that had introduced strict timelines and the concept of "deemed assent," creating significant constitutional confusion. The Constitution Bench has now restored clarity and reaffirmed constitutional boundaries. Background of the Presidential Reference In May, the President of India referred a set of 14 constitutional questions to the Supreme Court under Article 143 . These questions arose from an April 8 judgment that: Imposed strict timelines on governors a...