Supreme Court Asserts Power of Judicial Review in Upholding Constitutional Duties
UPSC Relevance
Prelims: Indian Polity and Governance - The Union and the States (Executive - Governor's Powers), Judiciary (Judicial Review, Writs - Mandamus), Separation of Powers, Presidential Reference (Article 143), Key Articles of the Constitution (Article 200).
Mains:
General Studies Paper 2 (Polity & Governance): Appointment to various Constitutional posts, powers, functions and responsibilities; Separation of powers between various organs; Federal structure - issues and challenges; Functions and responsibilities of the Union and the States. This is a classic and highly relevant GS2 topic.
Key Highlights from the News
If a constitutional body fails to perform its duties, the court cannot sit idle as the protector of the Constitution, Chief Justice B.R. Gavai strongly observed.
The court reminded the central government that governors sitting on Bills for years is a reality.
The court clarified that "prudent delay" is permissible, but "indefinite delay" cannot be allowed.
The court cannot direct a Governor to take a specific decision (for example, to approve a Bill). However, Justice Surya Kant observed that a mandamus writ can be issued, asking the Governor to take a decision.
The central government argued that the Governor is not an ornamental head of State, and it is not practical to set a uniform time limit for all Bills.
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