'Constitutional disorder': Centre opposes SC's timeline for President, Governors to clear bill

Supreme Court

The Union government has cautioned the Supreme Court that imposing a definitive timeframe on Governors and the President to act on state bills, as mandated by the court in an April ruling, would amount to one organ of government assuming powers not vested in it, upsetting the delicate separation of powers and leading to a “constitutional disorder”.

In detailed written submissions filed in a presidential reference under Article 143, Solicitor General Tushar Mehta argued that the apex court cannot, even under its extraordinary powers in Article 142, amend the Constitution or defeat the intent of its framers by creating procedural mandates where none exist in the constitutional text.

The submission comes in response to a Supreme Court order in April that prescribed a three-month timeline for the President and a one-month window for Governors to decide on pending legislation.

The apex court had issued the April 12 order in a case concerning Tamil Nadu, seeking to regulate the assent process. The court directed that constitutional heads follow a timeline for clearing pending bills. President Droupadi Murmu later questioned this order's constitutionality, asking the Supreme Court for its opinion on powers under Articles 200 and 201.

Under Article 200, a Governor may give assent to a bill, withhold it, return it for reconsideration, or reserve it for the President’s approval. Once a bill is passed again by the legislature, the Governor is bound to assent, but can still reserve it for Presidential consideration if it raises constitutional or national concerns.

In July, a bench led by Chief Justice of India BR Gavai scheduled hearings on the President's questions.
The five-judge bench will hear the case starting August 19.

This comes after the Centre and states were asked to submit written submissions by August 12.
The outcome of these proceedings could have significant implications for the balance of power between legislative and constitutional authorities in India.