A Constitutional Debate on Discretion, Delays, and Federalism
UPSC Relevance
Prelims: Indian Polity and Governance (Constitutional Posts - Governor, President; Key Articles - 200, 201, 143, 141; Judiciary - Presidential Reference, Judicial Review).
Mains:
General Studies Paper 2 (Polity & Governance): Appointment to various Constitutional posts, powers, functions and responsibilities; Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure; Separation of powers between various organs. The role of the Governor is a classic and highly controversial topic.
Key Highlights from the News
The Supreme Court is hearing arguments on a Presidential Reference filed by the Central Government, seeking clarity on the Supreme Court's previous judgment regarding delays by Governors in granting assent to bills passed by state legislatures.
The Supreme Court reiterated its previous stance during these arguments that the Governor does not have the power to indefinitely withhold assent to bills.
The Court observed that the absence of a time limit in the Constitution does not mean that the Governor has unlimited discretion.
The Chief Justice clarified that the Governor's inaction cannot be allowed to paralyze a democratically elected legislature.
The article criticizes the Central Government's choice of a Presidential Reference because an advisory opinion under Article 143 cannot override a binding judgment under Article 141 (a regular court judgment).
This issue is a crucial discussion about India's federal balance and the role of the Governor.
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