SC overturns two-judge bench order; deadline for President and Governor cannot be justified

NEW DELHI: The five-judge Constitution bench has rejected the stand of the two-judge bench of the Supreme Court that had set a three-month time limit for the President and the Governor to take a decision on bills passed by the Assembly. The larger bench headed by Chief Justice B.R. Gavai observed that the time limit cannot be justified by citing delays in some cases. The larger bench was hearing arguments on whether the reference sent by the President to the Supreme Court would be valid following the verdict setting a time limit for the President and the Governor to take a decision on the bills.

"If there are individual cases of delay, the aggrieved parties can approach the court to seek relief, and the court may direct that the decision should be taken within a time limit; however, it cannot mean that the court should lay down a general timeline for the actions of the Governor and the President. The Constitution only stipulates 'as soon as possible."

The three-month time limit was made applicable to the President and the Governors in a case between the Tamil Nadu government and the Governor. Advocate Abhishek Manu Singhvi, appearing for Tamil Nadu, supported this today as well. "Can the President and the Governor be punished for contempt of court if the time limit is not met?" the court asked.

Political party is irrelevant

"The President raised 14 questions in the reference, including whether judicial orders can do so if the Constitution does not specify a time limit for the President to take a decision on the bills, and whether there are any limitations on the special powers conferred on the Supreme Court by Article 142 of the Constitution. It is not a matter for the court to decide which party is the current ruling party or which was the previous one while taking a decision on this," the larger bench added.