oppn parties Supreme Court Bats For Accountability In Parliamentary Democracy - Prescribes Deadlines For The President And The Governors

News Snippets

  • Allahabad HC said that the UP Police is acting as law unto themselves as they detained a person unlawfully even before his arrest
  • Kolkata witnesses traffic snarls on the first day of the Durga Puja festival as revellers start pnadal-hopping
  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
  • Delhi Police detained Cockroach Janta Party founder Abhijeet Dipke, Neha Bora of AISA, student leaders and supporters ahead of a rally in Connaught Place demanding Chief Election Commissioner Gyanesh Kumar's resignation. The protest followed the detention and jailing of two CJP leaders earlier in the week over demonstrations at Jantar Mantar
  • The Reserve Bank of India is considering further monetary tightening to counter capital outflows and increase the cost of betting against the rupee, according to bankers and analysts cited by Reuters. The measures follow recent rate increases and steps to drain liquidity as pressure on the currency and inflation concerns persist
  • India directed oil marketing companies to stop diverting sugar-based feedstocks for ethanol production in the 2026–27 supply year, according to a new tender issued on Friday. The companies have invited bids for 11 billion litres of ethanol made from alternatives including corn and broken rice, amid concerns about domestic sugar supplies and prices
  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
  • Indian equity benchmarks extended their recovery on Friday, with the Sensex rising 413.66 points to close at 74,729.27 and the Nifty 50 gaining 148.80 points to settle at 23,146.15. Information technology shares, including Tech Mahindra, Infosys and TCS, helped lift the indices
  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
  • Indian wrestler Komal won bronze in the women's 59 kg category at the Under-23 World Wrestling Championships in Las Vegas, defeating Kazakhstan's Viktoriia Khusainova 7–2. Fellow Indian Amruta Pujari advanced to the women's 72 kg final after recording two pinfall victories
  • Indian shuttler Jagsher Singh Khangurra secured a bronze medal at the BWF World Junior Badminton Championships in Cairo
  • The Supreme Court of India upheld the Bombay High Court's decision quashing the 2020 write-off of ₹8,415 crore in additional tier-1 bonds issued by Yes Bank (Yes Bank). The court ruled that the bank's administrator lacked the authority to extinguish the bonds under the final reconstruction scheme, strengthening bondholders' claims
  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
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Supreme Court Bats For Accountability In Parliamentary Democracy - Prescribes Deadlines For The President And The Governors

By Sunil Garodia
First publised on 2025-04-12 15:33:04

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

In quick succession, the Supreme Court has given important orders that would go a long way in strengthening federalism and reduce the war between the Centre and the states on the one hand and uphold the dignity of the offices of the President and the state Governor, on the other. In the first order, the apex court set a deadline for state governors to either sign or return a bill forwarded to them for assent after being passed by the state assembly.

Article 200 of the Indian constitution prescribes that every bill should have the assent of the state Governor. But it does not set a deadline within which it should be done. Taking advantage of this loophole, some state governors, disregarding the neutral, and advisory, nature of their high office, have been sitting on some bills for an inordinately long time. This derails the law-making process in the state and prevents the state government from pursuing its political agenda for the benefit of the people.

The apex court was very clear that this could not go on. It said in its order that "the prescription of a time-limit is with a view to ensure that the Governor is not conferred with the power of exercising a pocket veto under the scheme of Article 200, and hinder the law-making process in the State without the existence of any reasonable grounds." This was done to prevent the governors from exercising their power under Article 200 in a malicious, arbitrary or capricious manner, the court added.

The court set deadlines from one month to three months for various bills as per the following:

1.       If assent was withheld or bill reserved to be sent to the President - 1 month

2.       If assent was withheld without reserving for sending to the President - 3 months

3.       If bill was reserved for sending to the President, it must be sent within 3 months

4.       If bill is sent back to the Governor after reconsideration - 1 month

Although the bench did not explicitly introduce a deemed assent feature in its order, it is clear that in the last case, if the Governors withhold assent for more than one month after the reconsidered bill is sent to them, it will obviously be deemed to have been assented. Hence, 10 Tamil Nadu bills that were kept in abeyance by the state Governor after being sent to him after reconsideration have been deemed to have been assented and have become law after the Supreme Court order. For the rest of the cases, the court said that the action of the governors in withholding the bills beyond the deadline set by the court will be subject to judicial scrutiny.

In a related order, which was a first in judicial history, the Supreme Court even put the President under a deadline by saying that if a state Governor referred a bill to the President on the ground that it was 'unconstitutional', the President must consult the apex court to get the correct advice and take a call on the bill within three months and if it is kept pending beyond that period, must record appropriate reasons and send them to the state concerned.

These orders will go a long way to reduce instances of high-handedness, arbitrariness and even malicious intent on part of the state Governors. They will introduce transparency and bring the Governor's actions under judicial scrutiny.

Is this judicial overreach? The court pointed out that since they have not done anything to change Article 200, it cannot be termed as such. The bench said that "it is crucial to understand that the prescription of a general time-limit by this Court within which the ordinary exercise of power by the Governor under Article 200 must take place, is not the same thing as amending the text of the Constitution to read in a time-limit, thereby fundamentally changing the procedure and mechanism of Article 200". It also said that "the prescription of timelines by us balances the objective of expediency as well as the desirability of having some flexibility in cases of existence of an impossibility in discharge of functions in an expeditious manner. Flexibility in the discharge of a function cannot be allowed to be stretched to an extent that renders the very object underlying such function otiose, resulting into the proverbial snapping of the constitutional machinery."