The Supreme Court of India has clarified that there are no fixed timelines for Governors to grant assent to bills passed by the state legislatures. The Court emphasized that the exercise of discretion by Governors and the President under Articles 200 and 201 of the Constitution is guided by the principle of “as soon as possible.” Rigid deadlines or timelines, the judiciary clarified, would be contrary to the constitutional design, which provides for flexibility to accommodate diverse situations and prevent undue delays.However, the Court also acknowledged that prolonged and unexplained delays in the approval process could undermine legislative functioning.
In such cases, judicial review can be invoked, and the Court can issue a limited direction to prompt Governors or the President to decide within a reasonable timeframe. This balanced approach aims to respect the constitutional independence of Governors while ensuring that legislative processes are not indefinitely obstructed.
The Court’s rulings underline the importance of maintaining the separation of powers within India’s federal structure, affirming that neither the judiciary nor the executive can impose rigid timelines that might interfere with the constitutional discretion granted to Governors and the President. The judgment offers a nuanced perspective that upholds constitutional autonomy but also sets boundaries to prevent unnecessary delays, thereby promoting a responsible and timely legislative process .
