Article 142 and Deemed Assent: SC Ruling on Bills
Why in the news
A Constitution bench headed by the Chief Justice said the Supreme Court’s special power of complete justice cannot be used to treat a Bill as approved when the Governor or President has not acted. It reversed an earlier ruling that had fixed deadlines.
Key facts
- Bench: five judges, led by CJI B.R. Gavai.
- Held: Article 142 cannot be used for ‘deemed assent’.
- Overruled: an earlier two-judge decision in the Tamil Nadu case that imposed timelines and judicial oversight.
- Courts cannot step into the President’s or Governor’s decision on assent.
About Article 142
- The Supreme Court may pass any decree or order needed for complete justice in a pending matter; it is enforceable across India.
- It can go beyond statutes but cannot contravene the Constitution, nor take over powers of other constitutional authorities.
- Used for compliance with court orders, environmental cases (Ganga and Yamuna cleanup) and enforcing fundamental rights.
Assent to Bills
| Option | President (Article 111) | Governor (Article 200) |
|---|---|---|
| Assent | Bill becomes law | Bill becomes law |
| Withhold | Bill rejected (veto) | Bill rejected |
| Return for reconsideration | Ordinary Bills only, not Money Bills | Ordinary Bills only, not Money Bills |
| Reserve | Certain Bills, such as those touching state powers, held for review | Reserve for the President, e.g. Bills affecting High Court, judiciary or other states’ powers |
Exam angle
- A Bill needs assent of the President (central) or Governor (state) to become law.
- Money Bills: the President can only assent, not return.
- Article 111: President; Article 200: Governor; Article 142: complete justice.