Supreme Court's Ruling on Governor's Powers

Key Notes on Governor's Role and Supreme Court Advisory on Legislative Bills

Constitutional References:

• Article 200: Outlines options for Governors regarding assent to bills:
  • Assent the bill
  • Reserve the bill for Presidential consideration
  • Withhold assent and return the bill to the legislature with comments.
• Article 143: Allows the President to seek advisory opinions from the Supreme Court, specifically invoked for legislative bill review timelines.

Supreme Court Rulings:

• April 8 Ruling: A two-judge bench ruled that Governors must act on bills passed by legislatures within three months or they would be deemed assented.
• May 13 Presidential Consultation: The President sought clarification on whether the Supreme Court could impose a timeline on the Governors.
• November 20 Advisory Opinion:
  • A five-judge bench unanimously stated that the Supreme Court cannot enforce timelines on Governors for clearing bills.
  • It acknowledged that while the Court can issue a mandamus for a Governor to act within a "reasonable time", it failed to define what constitutes "glaring circumstances" or specify a timeframe for action.

Legislative Bottleneck:

• Specific instances mentioned indicate bills pending for extensive periods within opposition-ruled states, e.g., West Bengal's bill pending for nine years, and Tamil Nadu's GM food bill pending for three years.

Constitutional Intent:

• B.R. Ambedkar emphasized that the Governor should not exercise discretionary power and should follow the advice of the Ministry:
  • Governors are portrayed as having limited powers, with the role deemed "ornamental."

Historical Context:

• Discussion in the Constituent Assembly about the role, appointment method, and necessity of the gubernatorial position referenced by Ambedkar and Biswanath Das questioning the validity of the Governor's paid role when duties are minimal.

Implications of Current Advisory:

• The advisory opinion is non-binding and does not resolve the ongoing ambiguity about the Governor’s powers and the legislature's functioning.
• The need for clarity from either the Supreme Court or Parliament regarding the powers of an unelected, nominated Governor remains crucial.

Conclusion:

The issue about the role and powers of the Governor, particularly in the context of bill assent and legislative autonomy, stresses the tension within India's parliamentary system regarding checks and balances, particularly in states governed by opposition parties. Further judicial or legislative clarification is needed to uphold democratic principles and streamline governance.