SC’s 3 Month deadline

Why in News ? The Central Government has raised a question about a Supreme Court decision that suggested a three-month deadline for the President of India to make decisions on laws sent by State Governors for approval under Article 201 of the Constitution.

Relevance :  UPSC Pre & Mains

Prelims: Article like 201 & other related constitutional provisions

Mains : GS Paper 2

What’s the Issue?The Central Government is asking if the Supreme Court can impose such a time limit when the Constitution itself does not mention any timeline for the President’s decision under Article 201.

What did the Supreme Court say Earlier?

1. In April, the Supreme Court said that the President should decide on State laws within three months.
2. The Court based this timeline on guidelines issued by the Ministry of Home Affairs (MHA) in 2016, which suggested a three-month time limit for such decisions.

Why the Timeline?

The Supreme Court observed that delays in decision-making cause problems for States. It emphasized the need for quick decisions to avoid governance issues and referred to recommendations from past commissions like Sarkaria and Punchhi, which also suggested speeding up the process.

What do the 2016 Guidelines Say?

• The Ministry of Home Affairs said in 2016:

• • A maximum of three months should be taken to decide on State laws sent to the President.
  • If there are objections to the law, they must be shared with the State government, and the State must respond within one month.
  • Delays in any step can slow the entire process.

Why it is Important?

• This issue affects the balance of power between the Centre, States, and the President.
• The outcome will clarify how much authority courts have in setting rules for constitutional functions.