NEW DELHI: The Supreme Court is set to deliver its verdict on the Presidential Reference regarding the timelines for Governors and the President to grant assent to state bills. The judgement will be announced on Thursday by a five-judge Constitution bench led by Chief Justice B R Gavai. This case has significant implications for the relationship between state governments and the central authority.
The Supreme Court had reserved its decision on September 11 after a lengthy 10-day hearing that involved arguments from the Centre, various state governments, and political leaders. The core issue revolves around whether the judiciary can impose fixed timelines for Governors to act on bills passed by state assemblies.
This reference was initiated by President Droupadi Murmu under Article 143 of the Constitution, following an April ruling by a two-judge bench that deemed the Tamil Nadu Governor's delay in granting assent as unconstitutional. The earlier ruling established that a Governor must act within three months if withholding assent and within one month for re-enacted bills. The President's reference raised 14 questions of law, seeking clarity on the powers of the Governor and the President under Articles 200 and 201.
During the hearings, the Centre argued against the imposition of strict timelines, suggesting that the phrase "as soon as possible" in Article 200 does not imply an immediate deadline. They contended that a Governor's role is not merely ceremonial and that withholding assent should lead to the bill's failure, referencing historical precedents from the Government of India Act, 1935.
In contrast, opposition-ruled states, including Tamil Nadu and Kerala, argued that the Centre's challenge was an attempt to undermine the April judgement. They maintained that Governors should act according to the advice of the Council of Ministers and cannot use a "pocket veto" to obstruct elected governments. The states emphasized that "our Governors are not Viceroys," highlighting the need for governance to reflect the will of the people.

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