Courts cannot grant assent to bills: BJP-ruled states tell apex court

New Delhi: Some BJP-ruled states on Tuesday defended in the Supreme Court the autonomy of governors and the President in assenting to bills passed by their assemblies and said "assent to a law cannot be given by a court", PTI reported.

A five-judge Constitution bench headed by Chief Justice B R Gavai was informed by senior advocate Harish Salve that under the constitutional scheme, the power to accord assent to bills passed by state legislators vests only with governors or the President, and there is no concept of "deemed assent".

The bench is hearing the presidential reference on whether the court could impose timelines for governors and the President to deal with bills passed by state assemblies.

Different state governments said the judiciary couldn't be a pill for every disease.

"The court cannot issue a writ of mandamus asking the governors to grant assent to bills. Assent to a law cannot be given by the court. Assent to a law has to be given either by governors or by the President," Salve, who was representing Maharashtra, submitted.

The bench also comprises Justices Surya Kant, Vikram Nath, P S Narasimha and A S Chandurkar.

On April 8, a different bench of the top court invoked its powers under Article 142 to rule that 10 bills cleared by the Tamil Nadu assembly and pending since 2020 with the Governor were deemed to be assented.

Referring to Article 361 of the Constitution, Salve said the President, or Governor, "shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties".

He said the court could only inquire into decisions, including the proposed ones, by governors or the President.

"The court can only ask what your decision is. But the court cannot ask why you have taken a decision," Salve added.