The Governor's Assent and Judicial Review: A Constitutional Tug-of-War
UPSC Relevance
Prelims: Indian Polity and Governance - The Union and the States (Executive - Governor, Judiciary - Supreme Court), Separation of Powers, Basic Structure of the Constitution, Judicial Review, Presidential Reference (Article 143).
Key Highlights from the News
Can the Supreme Court avoid its role as the custodian of the Constitution when governors withhold assent to bills passed by state legislatures for years, Chief Justice B.R. Gavai asked.
This crucial discussion took place in a five-judge Constitutional Bench considering a Presidential Reference.
Solicitor General Tushar Mehta, representing the central government, argued that issues like the governor's inaction should be resolved in the political sphere, and a court setting deadlines would be against the principle of separation of powers.
The Chief Justice replied that judicial review is part of the Basic Structure of the Constitution, and if there is a wrong, it is the court's duty to find a remedy.
The court also observed that a governor undermines the democratic will of the elected legislature by withholding bills for years.
The Chief Justice pointed out that unlike elected representatives, the governor is not answerable to the people, and therefore, the argument for a political solution does not hold here.
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