Governor Cannot Sit Indefinitely on a Bill Passed by the Assembly: Supreme Court

The Supreme Court of India ruled that Governors cannot sit on bills passed by the Legislative Assembly indefinitely. The apex court clarified that a reasonable time frame must be maintained while deciding whether to give assent to a bill. The Governor must act promptly and not delay the legislative process.

This ruling came in response to a petition by the Tamil Nadu government, which alleged that ten bills passed by the State Assembly were being held back by the Governor without any valid reason.

Key Observations of the Supreme Court:

• The Governor must act as per constitutional expectations and cannot keep bills pending endlessly.
• Delaying the assent to bills undermines the democratic process and the functioning of elected legislatures.
• A time-bound process must be established for Governors to respond to bills.

A Historic Judgment:

For the first time, the Supreme Court has issued such a directive concerning a Governor's conduct with respect to legislative bills. The court invoked Article 142 to ensure complete justice and directed that the bills should be reconsidered by the Assembly if necessary and then sent to the Governor again, who must act within a stipulated timeframe.

Highlights of the Judgment:

• The Court stated that indefinite delay in granting assent is unconstitutional.
• If the Governor returns a bill, it should be re-passed by the Legislature and then must receive approval from the Governor without further delay.
• This decision could set a precedent for similar cases in other states.