What are the constitutional and practical challenges in setting timelines for Presidential and Governor assent to State Bills?

The issue of setting timelines for Presidential and Governor assent to State Bills arises due to frequent delays in granting assent, which can stall important state legislation. The Supreme Court has observed that the Constitution does not provide for fixed time limits or the idea of ‘deemed assent’ if no decision is made within a certain period. This raises both constitutional and practical challenges.

Constitutional Challenges:
• Absence of Explicit Provision: The Constitution (Articles 200 and 201) does not specify any time frame for Governors or the President to decide on assent to State Bills.
• Doctrine of Separation of Powers: Imposing strict timelines could be seen as the judiciary or legislature encroaching on the executive’s domain, disturbing the balance of powers.
• Discretionary Powers: Governors and the President have discretionary powers to reserve, withhold, or return Bills, as provided in the Constitution. Setting timelines may restrict this constitutional discretion.
• No Provision for Deemed Assent: The concept of ‘deemed assent’ is not mentioned in the Constitution, so introducing it would require constitutional amendment, which is a complex process.

Practical Challenges:
• Complexity of Bills: Some Bills may require detailed scrutiny, legal opinion, or consultation with the Centre, especially those with significant legal or political implications.
• Federal Relations: The Centre-State relationship may be affected if the President or Governor is compelled to act within a rigid timeframe, possibly undermining their role as a constitutional check.
• Potential for Hasty Decisions: Strict timelines might force the executive to take rushed decisions without adequate examination, increasing the risk of errors or oversight.
• Administrative Delays: Practical issues such as bureaucratic delays, need for clarifications, or coordination between different government departments can make it difficult to adhere to strict deadlines.

Debate and Implications:
• Why Timelines are Debated: Delays in assent can stall state governance and policy implementation, leading to demands for accountability and transparency.
• Problems Timelines Might Solve: They could ensure timely decision-making and prevent indefinite withholding of Bills.
• Problems Timelines Might Create: They may undermine constitutional discretion, create administrative burdens, and potentially lead to constitutional crises if deadlines are missed.