Overview
- A five-judge Constitution Bench on November 20 issued an advisory under Article 143 on Articles 200 and 201 after the President sought guidance on delays in gubernatorial action on state bills.
- The Court confirmed that a governor has only three options on a bill—assent, return for reconsideration except in the case of a money bill, or reserve it for the President—and ruled out any pocket veto.
- The advisory nullified the April 8 two-judge decision that had imposed one- and three-month deadlines and introduced the concept of ‘deemed assent’.
- The bench held that courts cannot set general timelines or probe the merits of decisions under Articles 200 and 201, but may require a governor to decide where there is prolonged, deliberate inaction to avert a constitutional deadlock.
- States such as Kerala and Tamil Nadu welcomed the limited remedy against stalling, critics called the ruling a boost for the Union, and commentators renewed calls to reform governor appointments, including consultative, indirect, or direct elections.