A reshaping of federalism
SC's timeline for assent to state bills gives new contours to federalism, but raises key questions
The Supreme Court’s decision to impose timelines on the conduct of not just governors but also the presidential office, when it comes to giving assent for a bill passed by a state legislature, is unprecedented and a milestone in the journey of Indian federalism. In this verdict, which came against the backdrop of a number of governors sitting indefinitely on bills passed by states not controlled by the BJP, three things are of note.

One, the court clearly viewed the so-called pocket veto of governors, who were either sitting indefinitely on bills or referring it to the President even in cases where the legislature had re-passed a bill and sent it back to the Raj Bhavan, as a breakdown of constitutional order. The verdict clarified the constitutional role of governors, emphasising that they must act on the aid and advice of the council of ministers and do not have discretionary powers under Article 200. To resolve this, the court laid down timelines — if a governor withholds assent or reserves a bill for the President’s consideration, this must be done within three months of the bill being presented. If the state legislature re-enacts an identical bill and presents it to the governor a second time, the governor must grant assent “forthwith” or within a maximum period of one month.
Two, the court was aware of the historic nature of the judgment and carefully considered the question of judicial overreach — one that has already been raised by Kerala governor Rajendra Arlekar. “It is clear as a noon day, that no exercise of power under the Constitution is beyond the pale of judicial review,” the court held, citing previous judgments to establish that setting timelines for constitutional functionaries was not unprecedented.
And three, the court’s decision to extend this timeline discipline to the presidential office — holding that the President must decide within three months of receiving a bill from a governor, and must convey reasons if there is a delay beyond this period — underlines the court’s seriousness in etching the constitutional bounds of the federal government and the Raj Bhavan, but also opens up questions. At a future date, could a state government approach the top court against the President? Could the apex court haul Rashtrapati Bhavan in front of it? And how would this potential legal face-off between two of the most important nodes of our constitutional framework look like? The answers will reshape not only Centre-state relations and electoral polity, but also our democracy. But for one, it is a win for federalism.
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