SC Sets a Deadline for Presidential Decision on Reserved Bills

• 14 Apr 2025

For Prelims: Supreme Court of India, Article 201, Article 143,  President, Governor 

For Mains: Role of President and Governors in Indian Federalism, Constitutional Provisions Regarding State Bills and Presidential Assent, Powers of the President and the Governor 

Source: IE 

Why in News?  

The Supreme Court (SC) of India, in the State of Tamil Nadu vs. Governor of Tamil Nadu,2023 has, for the first time, laid down a 3-month deadline for the President to decide on Bills referred by the Governor under Article 201 of the Constitution. 

What is the SC’s Verdict on the President’s Role in State Bills? 

• Article 201: It states that “when a Bill is reserved by a Governor for the consideration of the President, the President shall either assent to the Bill or withhold assent therefrom." 
  • The SC  noted that Article 201 provides no specific timeline for Presidential assent, and such delays can stall legislative processes, leaving state Bills in “indefinite and uncertain abeyance.”   
  • It emphasized that inaction violates the constitutional principle of non-arbitrariness in the exercise of power. 
• Time Limit:  The SC held that the President cannot exercise an “absolute veto” by indefinitely delaying assent. A decision must be made within three months, and any delay must be reasoned and communicated to the State. 
  • Withholding assent must be based on sound and specific grounds, not done arbitrarily. 
  • If the President fails to act within the time limit, States can file writ petitions to compel a decision, seeking a Writ of Mandamus from the Court. 
  • Additionally, the SC stated that under Article 143, if a bill is reserved by the Governor on the grounds of unconstitutionality, the President ought to seek the Supreme Court’s opinion.  
    • Although it is not mandatory, the reference to the SC in such cases carries high persuasive value. 
  • The SC clarified that unlike the Governor, who must assent to a State Bill if it is passed again after being returned. The President is not constitutionally bound to do so under Article 201.  
    • This is because Article 201 applies only in exceptional cases where state legislation has potential national implications. 
• References: The SC referred to the 2016 Office Memorandums issued by the Ministry of Home Affairs, which prescribed a three-month timeline for decisions on state bills reserved for the President.  
  • The Court invoked recommendations of the Sarkaria Commission (1988) and Punchhi Commission (2010), both of which called for time-bound decisions on reserved Bills.

What is the Governor’s Role in the Passage of State Bills? 

Click here to Read: Governors’ Role in State Bills 

What are the Constitutional and Functional Differences between the President and the Governor? 

Domain	President	Governor
Legislative Powers	Can give assent, withhold, or return a Bill under Article 111 (except Money Bill).   If Parliament resends a bill, the President must give assent and cannot use veto powers.  On reserved Bills, may assent, withhold, or return (if not a Money Bill).	Can give, withhold, return, or reserve Bills for President (Article 200).  Can reserve Bills for the President (Article 201)  for President’s consideration.
Ordinance Making Power	Can promulgate Ordinances under Article 123 when Parliament is not in session.	Can promulgate Ordinances under Article 213 when the State Legislature is not in session.
Pardoning Power	Article 72, the President can pardon, reprieve, respite, remit, suspend, and commute.   Applies to Union laws, court martial, and death sentences.	Governors under Article 161 can pardon only State law offences, cannot pardon death sentences or Court Martial cases.
Emergency Powers	The President can impose a National Emergency under Article 352, a State Emergency (President’s Rule) under Article 356, and a Financial Emergency under Article 360.	Can recommend President’s Rule under Article 356 in case of constitutional breakdown in the State.
Diplomatic & Military Roles	Supreme Commander of Armed Forces, signs international treaties, and receives foreign envoys.	No such role, ceremonial functions only within the State.
Discretionary Powers	The President exercises limited discretion, mainly in situations such as acting during a hung Parliament, or appointing a Prime Minister when no clear leader emerges.   The President is mostly bound by the advice of the Union Council of Ministers.	The Governor has broader discretionary powers, such as reserving Bills (Article 200), recommending President's Rule, seeking information from the CM, and acting as UT Administrator.

What are the Key SC Judgements Related to the Powers of the Governor and the President? 

• President: 
  • S. R. Bommai v. Union of India (1994): SC ruled that the President's Rule is subject to judicial review and cannot be imposed arbitrarily. 
  • Kehar Singh v. Union of India (1988): The SC ruled that the President's pardoning power is independent of the judiciary.  
    • However, it can be reviewed to ensure procedural fairness, focusing on adherence to constitutional principles and procedural requirements rather than the merits of the decision. 
  • R.C. Cooper v. Union of India (1970): The SC held that the President’s satisfaction regarding the necessity of an ordinance is not immune from judicial review and can be challenged. 
    • It also held that an ordinance is subject to the same constitutional limitations as an Act of Parliament and cannot violate any fundamental rights or other provisions of the Constitution. 
• Governor: 
  • S. R. Bommai v. Union of India (1994): The SC ruled that the Governor's recommendation for President's Rule is subject to judicial review and cannot be imposed arbitrarily. 
  • Shamsher Singh v. State of Punjab (1974): SC emphasized that the Governor must act on the advice of the Council of Ministers, except in situations where the Constitution requires the Governor to act in his discretion. 
  • Rameshwar Prasad v. Union of India (2006):: The SC declared the dissolution of the Bihar Legislative Assembly unconstitutional, emphasizing that the Governor’s powers are not absolute and must be exercised in accordance with constitutional principles.  
    • The judgement reinforced the importance of judicial review in overseeing executive actions, 

Conclusion

The SC’s interpretation on Article 201 establishes a clear three-month deadline for the President to act on state bills, enhancing accountability and reducing arbitrary delays. This decision strengthens federal governance by empowering States to challenge undue delays. It ensures transparency and safeguards against the misuse of executive powers in the legislative process. 

Drishti Mains Question: 

Discuss the significance of the Supreme Court's ruling on the President’s role in state Bills. How does this decision align with the constitutional principle of non-arbitrariness?

  

Read more: SC Verdict on Governors' Powers over State Bills 

UPSC Civil Services Examination Previous Year Questions (PYQs)  

Prelims:

Q. Which of the following are the discretionary powers given to the Governor of a State? (2014)

1. Sending a report to the President of India for imposing the President’s rule  
2. Appointing the Ministers  
3. Reserving certain bills passed by the State Legislature for consideration of the President of India  
4. Making the rules to conduct the business of the State Government  

Select the correct answer using the code given below:  

(a) 1 and 2 only  
(b) 1 and 3 only  
(c) 2, 3 and 4 only  
(d) 1, 2, 3 and 4  

Ans: (b)

Q. Which of the following is/are the exclusive power(s) of Lok Sabha? 

1. To ratify the declaration of Emergency 
2. To pass a motion of no-confidence against the Council of Ministers 
3. To impeach the President of India 

Select the correct answer using the code given below:  

(a) 1 and 2   

(b) 2 only  

(c) 1 and 3   

(d) 3 only  

Ans: (b)

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Mains:

Q. Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature. (2022)

Q. Though the federal principle is dominant in our constitution and that principle is one of its basic features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong Center, a feature that militates against the concept of strong federalism. Discuss. (2014)