Supreme Court’s Historic Decision: President and Governors Must Not Delay the Lawmaking Process
New Delhi, 12 April (www.deccanlive.com): The Supreme Court of India has given a very important and historic judgment in the case of “Tamil Nadu vs Governor of Tamil Nadu”. The court said that both the Governor and the President must take decisions on bills passed by the State Assembly within a fixed time.
The court clearly said that no one has unlimited veto power. If the Governor or the President intentionally delays decisions, their inaction can be challenged in court.
President Must Decide in 3 Months
If a bill is sent to the President for approval under Article 201, the President must take a decision within 3 months. If there is a delay, the President must explain the reason and inform the State Government.
Governor Also Cannot Delay Bills
Similarly, under Article 200, a Governor cannot keep a bill pending forever. The court said it is the duty of the Governor to decide quickly, and they must not block the work of the State Legislature.
Supreme Court Can Be Approached If President Delays
The court said that if the President does not act within 3 months, then the State Government can file a writ petition (called Mandamus) in the Supreme Court. The court can then order the President to take a decision.
Decision Must Include Reasons
If the President rejects a bill or does not approve it, they must give a clear reason to the State Government. Without this explanation, the state does not get a chance to correct or rethink the bill, which can damage India’s federal system.
President Can Ask Supreme Court for Advice
If a bill has serious constitutional issues, the court advised that the President should use Article 143 to ask the Supreme Court for advice. This step will help protect India’s democratic structure.
Need for Cooperation Between Centre and States
The court also advised that the Central and State Governments should work together. If a bill needs the President’s approval, the State Government should first talk to the Centre, so that conflicts can be avoided later.
