Friday, August 7

Uncategorized

The Supreme Court is examining whether Governors can indefinitely delay assent to State Bills, following controversies in Tamil Nadu, Kerala, and West Bengal. A Constitution Bench led by CJI B.R. Gavai stressed that Governors “cannot behave like monarchs” or stall governance. The hearings stem from an April 2025 ruling granting a three-month window for assent, after which Bills gain “deemed assent.” The Centre sought clarity via a Presidential Reference under Article 143. With Articles 200–201 at stake, the Court’s decision will shape Centre-State relations and curb gubernatorial inaction.

In Practical Solutions Inc. v. State of Telangana, the Supreme Court held that when a High Court refuses to quash an FIR, it cannot indirectly protect the accused from arrest by directing the police to follow procedures like notice under Section 35(3) BNSS (earlier Section 41A CrPC) without proper reasons. The Court said such relief can be granted only after considering the merits and hearing the complainant. Relying on Neeharika Infrastructure (P) Ltd. v. State of Maharashtra, it set aside the High Court’s order and sent the case back for fresh consideration.