Governor's Assent to Bills: A Constitutional Impasse and the Search for a Remedy
UPSC Relevance
Prelims: Indian Polity and Governance - Constitution, Judiciary (Judicial Review), Executive (Governor's Powers - Article 200), Legislature, Separation of Powers, Presidential Reference (Article 143).
Mains:
General Studies 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; Powers, functions and responsibilities of various Constitutional Bodies (Governor).
Key Highlights from the News
The majority of judges on the Supreme Court's five-judge Constitution Bench orally observed that Governors cannot sit endlessly over Bills passed by state legislatures.
The Court opined that the Governor's delay is tantamount to obstructing the functioning of the Constitution and defeating the democratic will of the legislature.
Tamil Nadu and West Bengal strongly argued in court that Governors are not royalty in a Republic and that constitutional institutions must work collaboratively.
Senior advocate Kapil Sibal argued that granting unlimited power to the Governor to withhold Bills under Article 200 of the Constitution is absurd.
However, the five-judge bench expressed doubts regarding the general time limits applicable to all cases and the concept of "deemed assent" as laid down in a previous two-judge bench judgment.
The Court indicated that it might be more appropriate to set time limits in specific cases, considering the unique circumstances of each case.
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