Context: The Supreme Court has set a three-month deadline for the President to decide on Bills referred to him by the Governor.
Relevance of the Topic: Prelims: Article 200; Article 201; Deadline for the President to decide on Bills.
Key Provisions and Observations
- Article 201 of Indian Constitution: It outlines the powers of the President concerning Bills reserved by the Governor for consideration.
- The President has two options: (i) grant assent to the Bill; (ii) withhold assent
- A significant issue is the absence of a specified time limit within which the President must act on such Bills, leading to potential delays and complications in Centre-State relations.
- Sarkaria Commission: It was established in 1983, headed by Justice R.S. Sarkaria, to review the arrangements between the Union and the States. The commission recommended that definite timelines should be adopted to facilitate the efficient disposal of references under Article 201.
- Punchhi Commission: Set up in 2007 under the leadership of former Chief Justice of India Justice M.M. Punchhi. Similar to the Sarkaria Commission, it suggested incorporating timelines into Article 201 to ensure timely decisions on Bills reserved for Presidential consideration.
Supreme Court's interpretation in the recent case
- Interpretation of Article 201: SC has noted that absence of timeline in Article 201 does not imply that the President can delay decisions indefinitely. Timely decisions are crucial, considering the role of these Bills in the legislative machinery and governance of the State.
- Concerns regarding delays: SC expressed concerns that prolonged and undue delays in the disposal of Bills reserved by the President could lead to an uncertain state of abeyance, undermining the legislative process. Such delays could affect the expression of the popular will embodied by the State legislature.
- President's Responsibility: While the President is expected to consider the Bills which is expected to take time, however, the time needed for consideration does not justify inaction or prolonged delays. Delaying decisions without justification would contravene the basic constitutional principle that the exercise of power must not be arbitrary or capricious.
Supreme Court's Three-month deadline
- SC directed that the President must take a decision on Bills reserved by the Governor within a period of three months from the date of receipt of the reference. This timeline aligns with the guidelines already prescribed by the Ministry of Home Affairs.
SC's imposition of a three-month deadline for the President to decide on Bills reserved by Governors under Article 201 aims to prevent delays and ensure the efficient functioning of the legislative process. It aims to uphold constitutional principles, promote cooperative federalism, and ensure that governance is both timely and effective.