The Centre is considering filing a review petition on the Supreme Court judgment setting a time frame for the President and the governors to decide on giving assent to bills passed by state legislatures, officials said on Sunday while adding that no decision has been taken yet.
According to the officials, besides seeking a review of the timeline, the government may seek a review of the apex court’s order that the state governments can directly approach it if the President withholds assent on a bill sent by a governor for consideration.
“No decision has been taken yet but a review petition is being considered,” said an official who asked not to be named.
This person did not give a timeline for filing the review petition.
The grounds for the review are also yet to be discussed, said a second officer.
In a judgment last week, the Supreme Court prescribed that the President should take a decision on the bills reserved for consideration by the governor within a period of three months from the date on which such reference is received.
Following the judgment, the Tamil Nadu government notified 10 Acts in the government gazette, citing the Supreme Court’s ruling that they were deemed to have received assent.
The apex court also gave its nod to 10 bills, which were stalled and reserved by Tamil Nadu governor RN Ravi for the president’s consideration.
The court set a timeline of one month for all governors to act on the bills passed by the state assemblies, according to the judgment running into 415 pages and uploaded on the apex court’s website on Friday night.
“We deem it appropriate to adopt the timeline prescribed by the Ministry of Home Affairs… and prescribe that the President is required to take a decision on the bills reserved for his consideration by the Governor within a period of three months from the date on which such reference is received. In case of any delay beyond this period, appropriate reasons would have to be recorded and conveyed to the concerned state. The states are also required to be collaborative and extend co-operation by furnishing answers to the queries which may be raised and consider the suggestions made by the Central government expeditiously,” the apex court said.
The apex court set aside the reservation of the 10 bills for the President’s consideration in the second round holding it as illegal, and erroneous in law.
It further said, “where the Governor reserves a Bill for the consideration of the President and the President in turn withholds assent thereto then, it shall be open to the state government to assail such an action before this court”.
The Supreme Court set timelines and said failure to comply with it would make the inaction of the governors subject to judicial review by the courts.
“In case of either withholding of assent or reservation of the bill for the consideration of the President, upon the aid and advice of the state council of ministers, the governor is expected to take such an action forthwith, subject to a maximum period of one month,” the court said.
Justice JB Pardiwala, writing the judgment for the bench, delivered findings on the judicial review of the exercise of power by the governor under Article 200 and by the President under Article 201 of the Constitution.
Article 200 deals with situations with regard to the passage of bills by the state assembly and subsequent options available to the governor on grant of assent, or withholding of assent or sending the bill to the President for reconsideration.
Article 201 deals with the bills reserved for the President’s consideration by the governor.
The judgment is expected to have significant implications for federalism in India, particularly for states such as Kerala, Telangana, Punjab, and West Bengal, which have witnessed similar tensions between the Raj Bhawan and elected governments. The court’s stern warning that “no authority must attempt to breach the constitutional firewall” serves as a reminder of the delicate balance required in India’s federal structure, with the governor’s office being “no exception to this supreme command”.
