Highlights of SC opinion on Presidential reference

New Delhi, Nov 20 (PTI) The Supreme Court on Thursday held that the court cannot impose any timelines on Governors and the President to grant assent to Bills passed by state assemblies but at the same time said Governors do not have “unfettered” powers to sit on the Bills for “perpetuity”.

Following are the highlights of the unanimous opinion of a five-judge Constitution bench headed by Chief Justice BR Gavai on presidential reference: * SC rules no timelines can be imposed on governors and the president to grant assent to bills passed by state assemblies.

* SC also held that governors cannot sit over bills beyond the powers granted to them under Article 200 of the Constitution.

* SC said “indefinite delay” by the Governors will be open to “limited

judicial scrutiny” and that deemed assent of Bills cannot be granted by the apex court by using its plenary power under Article 142.

* SC says deemed assent would amount to virtual takeover of the role of a “separate constitutional authority”.

* SC said “inaction” by Governors that is “prolonged, unexplained and indefinite” will certainly invite “limited judicial scrutiny” though the merits of their action under Article 200 cannot be looked into by Courts.

* SC holds that governors have discretion on how to deal with the Bills under Article 200 which is not dependent on the aid and advice of the council of ministers.

* SC held that the governor can reserve the bill for consideration of the President even in a second instance, when the bill is re-presented to him for assent by the assembly whether in amended or unamended form.

* SC ruled that the actions of governors and the President in granting, withholding, or reserving assent to bills are not subject to judicial review.

* SC refused to accept the preliminary objections raised by opposition-ruled states like Tamil Nadu, West Bengal and Kerala to maintainability of Presidential Reference, saying the issues raised in it pertain to the very core and foundational modalities of the constitutional machinery. PTI MNL MNL NB NB