The Supreme Court observed that Governors cannot sit on bills requiring their assent indefinitely. However, the court clarified that imposing fixed timelines for such decisions would infringe upon the principle of separation of powers.
Setting aside an earlier ruling that mandated Governors and the President to decide on state bills within three months, a bench led by Chief Justice of India BR Gavai emphasized that courts cannot enforce rigid timelines on constitutional authorities. The bench highlighted the constitutional limits on a Governor’s discretion, warning that unilateral withholding of bills could “violate federalism.”
CJI Gavai noted, “It is against the interest of federalism if the Governor, without following due process under Article 200, is allowed to withhold bills passed by the assembly.” The court further observed that setting timelines for Governors in a democratic country like India would contradict the flexibility provided by the Constitution.
