A Judicial Nudge Following Stuck Legislative Business
Context
- Supreme Court heard arguments on the Presidential Reference about Governor’s powers under Article 200 (assent to State Bills).
- Earlier, SC directed that Governors/President must act on Bills within 3 months.
- This has sparked debate: Can judiciary impose timelines when Constitution itself does not?
Article 200: Governor’s Options
When a Bill is passed by a State legislature, the Governor can:
- Assent to it.
- Withhold assent.
- Return it (for reconsideration).
- Reserve it for President’s consideration.
Constituent Assembly deliberately dropped words “in his discretion” from Government of India Act, 1935 → Governor must act on aid & advice of Council of Ministers.
Judicial Principles & Commissions
- Shamsher Singh (1974): Governor usually bound by aid & advice, but hinted at limited discretion.
- Nabam Rebia (2016): Governor not independent; real power lies with elected government.
- State of TN vs Governor of TN (2025): Governor cannot unilaterally withhold assent/reserve Bills → otherwise becomes “super-constitutional figure.”
- Sarkaria & Punchhi Commissions: Governor should normally follow advice; very rare exceptions (e.g., patently unconstitutional Bill).
- D. Basu: UK sovereign has no discretion—similar principle applies in India.
Timeline Controversy
- SC fixed 3-month timeline → to prevent Governors from sitting on Bills indefinitely.
- Govt objection: Constitution does not prescribe timeline → judiciary overstepping.
- SC reasoning: When Governors sit on Bills for years, legislative process is paralysed—contrary to Constitution.
- Article 355: Union has duty to ensure State governance is per Constitution. Court implies Union should nudge Governor to act.
Judicial Creativity vs Judicial Overreach
- Critics: Court “amended” Constitution by imposing timeline.
- Defense: Judiciary interprets to address new constitutional crises.
- Example: Article 21 expansion (Maneka Gandhi, 1978) beyond A.K. Gopalan’s narrow view.
- Here too, SC interpreted to preserve federalism & prevent executive obstruction.
Significance
- Strengthens Federalism → prevents unelected Governors from blocking elected legislatures.
- Judicial Innovation → timeline ensures legislative continuity.
- Reiterates Governor’s Role → constitutional head, not parallel power centre.
- Checks Misuse of Office → addresses reality of Governors “sitting on Bills” for political reasons
