Government may challenge Supreme Court’s decision on presidential action on state bills

The Central Government is considering filing a review petition against the recent Supreme Court decision that sets a time limit for the President and Governors to act on bills passed by State Legislatures. According to officials, the government believes that certain aspects of the judgment may affect the domain of the executive, prompting deliberations on whether to challenge the decision. However, they also clarified that no final decision has been made yet.

Officials indicated that apart from seeking a review of the time limits imposed, the Centre may also challenge the Supreme Court’s directive allowing state governments to approach the court directly if the President fails to act on a bill referred by the Governor. One official, speaking on the condition of anonymity, stated, “No final decision has been taken yet, but filing a review petition is under consideration.” The official did not specify a timeline for such a petition. Another official mentioned that the grounds for filing a review petition would also need to be discussed thoroughly before proceeding.

It is worth noting that last week, the Supreme Court, in a historic verdict, directed that it is mandatory for the President to decide within a time limit of three months on the bills sent by the Governor for his consideration. After this decision, the Tamil Nadu government notified 10 Acts in the official gazette and said that they had received the President's approval. These were the same 10 bills which Governor RN Ravi had kept on hold for the President's approval. The Supreme Court declared these bills as approved and said that delay is inappropriate.

In the 415-page verdict uploaded on the Supreme Court website on Friday night, it was made clear that all governors will have to follow the one-month deadline to take action on the bills passed by the state assemblies. The court said, “We consider it appropriate to adopt the timeline prescribed by the Ministry of Home Affairs and determine that the President must decide on bills reserved for consideration within three months from the date of reference. Any delay beyond this period must be justified with recorded reasons and communicated to the respective State. States, too, must cooperate by responding promptly to queries and considering suggestions provided by the Central Government.”

The Supreme Court also termed the Governor's decision to reserve those 10 bills for the President's consideration as illegal and erroneous. The court said, "If the Governor sends a bill to the President for consideration and the President does not give its approval, then the state government will have the right to go before this court."

The central government particularly objects to the Supreme Court's direction, in which it is said that the state governments can go directly to the Supreme Court in case the President does not give a decision. The government believes that this situation can create confusion between the center and the states and can affect the jurisdiction of the executive. That is why the government is seriously considering the possibility of filing a review petition to review this decision.