#deemedassent

Supreme Court verdict: A landmark clarification that resets the power balance between the Executive and Legislature, reaffirming constitutional flexibility over political urgency. #image_newindianexpress.com On November 20, 2025, the Supreme Court of India delivered a decisive opinion in response to the Presidential Reference concerning the powers of Governors and the President in granting assent to Bills. The Constitution Bench ruled that courts cannot impose fixed timelines for Governors or the President to grant or withhold assent, and importantly, there exists no concept of “deemed assent” within the constitutional framework. The ruling, which comes amid growing friction between state governments and Raj Bhavans across India, settles weeks of contentious national debate triggered by earlier judicial pronouncements suggesting that delays by Governors could be curtailed through judicially imposed deadlines. Why the Supreme Court Ruled This Way The Court emphasized that the Indian Constitution deliberately grants “elasticity” and “functional leeway” to high constitutional authorities like the Governor and the President. Articles 200 and 201, which outline their powers regarding state Bills, contain no built‑in timelines, and the Court said it would be inappropriate — even unconstitutional — to judicially insert them. It further clarified that the concept of “deemed assent”, earlier used under Article 142 in the Tamil Nadu case, has no place in the constitutional scheme. Automatic approval due to inaction, the bench said, would amount to rewriting the Constitution. However, the Court did strike a middle path. While timelines cannot be imposed, it held that the judiciary can intervene in cases of prolonged, unexplained inaction that obstructs the legislative process. Even then, courts may issue only a limited direction — compelling the constitutional authority to take a decision — not directing what that decision must be. What This Means for the States This ruling has far‑reaching consequences for the federal structure: - State governments cannot demand strict deadlines for gubernatorial assent. - Governors retain wide discretion, reinforcing their constitutional position. - Yet, they cannot indefinitely delay Bills without facing judicial scrutiny. - The Court has reaffirmed that extraordinary delay can still be reviewed. This balance maintains the integrity of the legislative process while preventing constitutional offices from being micromanaged by courts. Political and Administrative Impact In recent years, several state governments — including Tamil Nadu, Punjab, Telangana, Kerala, and West Bengal — accused their Governors of delaying Bills for political reasons. This decision clarifies that such delays, while constitutionally permissible to a degree, cannot become a tool of paralysis. At the same time, it reinforces that the Governor is not a rubber stamp. The Constitution envisions thoughtful, independent scrutiny—especially in cases involving constitutional questions, financial impact, or federal concerns. The Bigger Picture: Democracy, Federalism & Separation of Powers The judgment sends a clear message: the judiciary will not overstep into areas where the Constitution provides deliberate silence. Timelines, however appealing for administrative efficiency, cannot override foundational principles. But equally, the Court has kept open the door for limited judicial review, ensuring that constitutional authorities cannot use inaction as a method of obstruction. This balanced approach strengthens India’s federal structure, preserves the dignity of constitutional offices, and clarifies the boundaries of judicial activism. Additional Context: How Articles 200 and 201 Operate To fully appreciate the Supreme Court verdict ruling, it is important to understand how Articles 200 and 201 function within the legislative framework. When a Bill is passed by a State Legislature, it is presented to the Governor under Article 200. The Governor has four options: grant assent, withhold assent, reserve the Bill for the President, or return the Bill (if it is not a Money Bill) for reconsideration. The Constitution deliberately refrains from setting deadlines here, emphasising the need for constitutional discretion. Similarly, once a Bill is reserved for the President under Article 201, the President may grant assent, withhold assent, or return it for reconsideration. Again, no explicit timelines are prescribed. The Supreme Court highlighted that these provisions were designed to allow deeper constitutional reflection, especially in cases with national implications. Why Timelines Cannot Be Imposed The Court rejected fixed timelines because it would amount to judicially amending the Constitution—something only Parliament can do. The Bench said that the absence of timelines is not a flaw but a conscious constitutional choice. The Constituent Assembly debates show that framers wanted Governors and the President to have the breathing space needed to examine Bills from legal, constitutional, and federal perspectives. By stating that timelines cannot be "read into" the Constitution, the SC underlined that judicial creativity cannot override constitutional architecture, even in the name of efficiency. How This Impacts Centre-State Relations This verdict also reflects the Supreme Court verdict intent to avoid taking sides in ongoing political tensions between Governors and elected state governments. Many regional governments had accused Governors of acting as political roadblocks, while the Centre argued that constitutional offices must not be rushed. The Court’s balanced approach ensures that state governments cannot demand mechanical speed, while Governors cannot misuse discretion to stall governance. It reinforces that India’s federal structure is built not on rigid timelines but on mutual constitutional respect. Conclusion: Supreme Court verdict The Supreme Court verdict ruling is a constitutional landmark. It refuses to distort the carefully crafted architecture of Articles 200 and 201, rejects artificial judicial deadlines, and removes the ambiguity surrounding “deemed assent.” Yet, it also preserves the ability of courts to check unreasonable delays. This verdict will likely reshape Centre‑State dynamics, legislative procedures, and the political narrative around gubernatorial powers in the months ahead. FOR MORE BLOGS - beyondthepunchlines.com Read the full article