NEW DELHI, 18-08-2025 – A view of the Supreme Court of India on August 18, 2025. Photo: DEEPIKA RAJESH / INTERN / THE HINDU.
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DEEPIKA RAJESH
A five-judge Constitution bench on Wednesday (September 2, 2025) is to continue hearing the Presidential Reference on whether courts could impose timelines for Governors and the President to deal with bills passed by state assemblies.
Three of the five judges on Tuesday (September 2, 2025) orally observed, along with the States of Tamil Nadu and West Bengal, that Governors cannot sit endlessly over Bills placed before them for assent.
Also read: Governors cannot sit over Bills endlessly, say Supreme Court judges
Chief Justice of India B.R. Gavai, Justices Vikram Nath and P.S. Narasimha separately remarked that Governors could neither delay the wisdom of the legislature indefinitely nor impede the functioning of the Constitution. “No organ can impair the functioning of the Constitution,” Justice Narasimha said.
Chief Justice Gavai pointed out that different exigencies and time plans may mark the enactment of different Bills. He said a broad brushstroke of a “general” timeline applicable to all cases of delay may amount to overreaching by the judiciary.
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