Paper: GS – II, Subject: Polity, Topic: Judiciary, Issue: Presidential Reference vs. Judgement.
Context:
The Supreme Court’s Constitution Bench, led by outgoing CJI B.R. Gavai, held that no fixed timelines can be imposed on Governors or the President for granting assent to Bills, as the Constitution does not prescribe any.
Key Takeaways:
What the Constitution Bench Held:
- No fixed time limit can be imposed for clearance of Bills by Governors or President.
- But “prolonged, unexplained and indefinite inaction” is unconstitutional.
- Such inaction is subject to limited judicial review courts can intervene if the Governor fails to act at all.
- The advisory opinion balances flexibility with accountability Governors cannot stall Bills endlessly.
Why Court Rejected the April 8 ‘Deemed Assent’ Judgment:
- The April 8 verdict (Tamil Nadu Governor case) said Bills pending over three months would be “deemed assent.”
- The Constitution Bench clarified that such a reading had no textual basis in the Constitution.
- The Presidential Reference allowed the Court to clarify that the earlier judgment’s interpretation was “incorrect in law”.
- But the Court noted that an advisory opinion does not overrule a previous judgment it only clarifies the correct legal position.
- Parliament, not the judiciary, must create any binding timeline mechanism.
The Scope and Nature of a Presidential Reference:
Justice Gavai emphasised that courts cannot add timelines for Governors but can review prolonged inaction, highlighting judicial independence and maintaining a balanced approach to constitutional accountability and restraint.
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