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Article 142 and Deemed Assent: SC Ruling on Bills

22 November 20251 min read
NATIONAL AFFAIRSArticle 142 andDeemed Assent:SC Ruling on Bills22 November 2025safalsetu.com

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

OptionPresident (Article 111)Governor (Article 200)
AssentBill becomes lawBill becomes law
WithholdBill rejected (veto)Bill rejected
Return for reconsiderationOrdinary Bills only, not Money BillsOrdinary Bills only, not Money Bills
ReserveCertain Bills, such as those touching state powers, held for reviewReserve 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.

Test yourself

1. Which Article was held unusable for granting 'deemed assent' to Bills pending with governors or the President?

The five-judge bench ruled Article 142 cannot be used for deemed assent.

2. Which Article governs the President's powers when a Bill is presented for assent?

Article 111 deals with the President's options on a Bill.

3. For a Money Bill, what can the President do?

A Money Bill cannot be returned; only assent is possible.