Governor's Assent to Bills: A Constitutional Debate in the Supreme Court
UPSC Relevance
Prelims: Indian Polity & Governance (The role and powers of the Governor and the President, Constitutional Articles 200, 201, 141, 142, 143, Federalism).
Mains: GS Paper 2 (Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure; Separation of powers between various organs; Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies; Role of Judiciary).
Key Highlights from the News
Main Issue: A Constitution Bench of the Supreme Court is considering a Presidential Reference regarding the powers of Governors to grant assent to bills passed by state legislatures.
Background: The current reference stems from an April 8 judgment by a two-judge Supreme Court bench in a case filed by the Tamil Nadu government.
April 8 Verdict: Stipulated a three-month deadline for Governors and the President to decide on state bills. It ruled that the Governor has no discretion in this matter and must act on the "aid and advice" of the elected government.
Central Government's Argument:
Articles 200 and 201 of the Constitution do not prescribe a time limit for the Governor or President. The court setting a time limit is equivalent to a constitutional amendment.
The Governor is not merely a "post office" but a constitutional authority to scrutinize hasty legislation by states.
The Governor can exercise discretion.
The court cannot use Article 142 to create concepts like "deemed assent."
Tamil Nadu's Counter-Argument:
The issue has already been settled by the April 8 verdict. According to Article 141, this is the law of the land.
Revisiting a Supreme Court judgment through a reference is improper.
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