The BRICS TimesSC clarifies Article 142 does not empower it to pass bills without Governor’s nod.
No Time Limits on Assent
The Supreme Court addressed a Presidential Reference sent by President Droupadi Murmu under Article 143. It ruled that courts cannot fix specific timelines for the President or Governor to decide on bills. The Court also stated it cannot declare a bill passed simply because a Governor delayed the decision. This affirms that Supreme Court Governor ruling respects constitutional boundaries regarding legislative processes.
Constitutional Spirit vs Deadlines
On Thursday (November 20, 2025), the Court gave its opinion on the reference. It interpreted Article 200 and 201 of the Constitution. The Court said setting a strict time limit for assent goes against the spirit of the Constitution. This Supreme Court Governor ruling emphasizes the separation of powers.
Bench and Governor’s Options
A bench led by Chief Justice Bhushan Ramkrishna Gavai delivered this opinion. The bench included Justices Surya Kant, Vikram Nath, P.S. Narasimha, and A.S. Chandurkar. They noted that under Article 200, a Governor can assent, return the bill, or reserve it. If the assembly returns the bill, the Governor must sign it. The bench had reserved its opinion on September 11.
Limited Judicial Interference
The Supreme Court stated courts cannot interfere with a Governor’s decision under Article 200. However, indefinite delays by a Governor could allow for limited judicial questioning. The Court cannot review a bill while it is pending with the Governor or President. Courts can only review a law after it is fully enacted.
Immunity and Article 142
The Court can issue limited directions after knowing reasons for the delay. Under Article 361, courts cannot initiate proceedings against the Governor. Judicial review is not applicable to their decisions on bills. The bench added that Article 142 does not give the SC power to bypass the Governor’s assent.
Discretionary Powers
The Supreme Court stated, “‘Governor is not bound to follow cabinet advice on bills. He can return the bill to the assembly or send it to the President for consideration.'” However, this does not mean the Constitution gives unlimited power. The Governor must still keep the Cabinet’s advice in mind.
