The Governor's Assent to Bills: A Constitutional Analysis of Discretion, Delays, and Judicial Intervention
UPSC Relevance
Prelims: Indian Polity and Governance (Governor's powers - Article 200, Article 163; Constitutional History - Government of India Act 1935; Union's duties - Article 355; Judiciary - Presidential Reference, Landmark Judgments; Key Commissions - Sarkaria, Punchhi; Tenth Schedule).
Mains:
General Studies Paper 2 (Polity & Governance): Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure; Appointment to various Constitutional posts, powers, functions and responsibilities; Separation of powers between various organs. The role of the Governor is a classic and highly controversial topic.
Key Highlights from the News
The question of whether the Governor has discretionary powers in granting assent to bills passed by state legislatures remains a major constitutional dispute.
The Government of India Act, 1935 explicitly stated that the Governor could act "in his discretion". However, these words were deliberately omitted from Article 200 of the Indian Constitution.
This indicates the intention of the framers of the Constitution that the Governor should exercise powers under Article 200 on the aid and advice of the Council of Ministers.
However, commissions like Sarkaria Commission and Punchhi Commission have stated that the Governor can use discretionary powers in certain exceptional circumstances.
Although there is no time limit in the Constitution, Governors withholding bills for years creates a constitutional crisis.
Under Article 355, it was the duty of the central government to intervene in such situations. The Centre's inaction led to the Supreme Court intervening and setting a three-month timeline for bills.
The author argues that interpreting the Constitution (purposive interpretation) to meet new challenges is within the court's jurisdiction and is not equivalent to amending the Constitution.
The politicisation of the gubernatorial post is the root cause of all these problems.
COMMENTS