Relevance: Indian Polity – Centre–State Relations & Governor’s Powers |
Source: Indian Express; Supreme Court Constitution Bench Judgment (2025)
Context & News
A 5-judge Constitution Bench in Presidential Reference : Powers of Governors under Article 200 (2025) held that no constitutional timelines bind the President or Governors in granting assent to State Bills. However, prolonged and unexplained delay can face limited judicial scrutiny
Several States—Punjab, Tamil Nadu, Kerala, Telangana—complained that Governors were sitting on Bills for months, affecting governance, welfare schemes, and legislative functioning.
2. Constitutional Provisions
- Article 200 (Governor): May give assent, withhold assent, return the Bill once, or reserve it for the President.
- Article 201 (President): May give/withhold assent or return the Bill.
- No timelines specified for decision-making.
- Governor acts as a constitutional head, not a parallel executive.
- Article 143 allows the President to seek the Supreme Court’s advisory opinion on questions of law or fact of public importance.
- The opinion is advisory and not binding, but carries high constitutional weight. It is used to clarify complex constitutional or federal issues without litigation.
3. SC Ruling & Its Significance
Supreme Court’s Ruling
What the Court Said | Meaning / Significance |
| No time limit exists in the Constitution. | Courts cannot invent deadlines; respects constitutional design. |
| But indefinite, unexplained delay is subject to limited judicial review. | Prevents misuse of silence to stall State governance. |
| Court may issue a limited mandamus directing the Governor/President to decide, not what to decide. | Ensures procedural accountability without breaching separation of powers. |
| Governor’s decision under Article 200 is not justiciable, only inaction is. | Maintains constitutional restraint while preventing paralysis. |
| Governors must act within a “reasonable time” based on constitutional morality. | Reinforces cooperative federalism and democratic functioning. |
4. The Way Ahead
- Establish constitutional conventions to define “reasonable time”.
- Improve structured communication between State governments and Raj Bhavan.
- Create public dashboards showing pending Bills for transparency.
- Follow recommendations of commissions (e.g., Punchhi Commission) on limiting discretionary delays.
- Promote norms ensuring Governors act as neutral constitutional umpires, not political actors.
One-line Wrap
Constitutional silence on deadlines cannot become a tool for constitutional deadlock.
UPSC Mains Question
Discuss the constitutional role of Governors in State legislation. How does the Supreme Court’s recent judgment on timelines seek to balance federalism with separation of powers?
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