🏛️ SC Clarifies Governor's Powers: A Constitutional Landmark

The Grand Hall of Justice hummed with an unusual tension. The five-judge Constitution Bench of the Supreme Court of India was assembled, ready to deliver its opinion on the Presidential Reference made under Article 143 of the Constitution. This was the moment of truth for the Fourteen Questions referred by President Droupadi Murmu, seeking clarity on the precise boundaries of gubernatorial power, a matter that had become increasingly contentious across several states.

The dispute had escalated following events like the legal battle over the handling of Bills by the Governor of Tamil Nadu, R. N. Ravi, creating a constitutional grey area. The crux of the issue lay in the interpretation of Articles 200 and 201, which govern how a Governor handles a State Legislature Bill.

As the lead Justice began to read the meticulously crafted advisory opinion, the packed courtroom hung on every word. The first few questions dealt with the Governor’s discretion, particularly the power to withhold assent or reserve a Bill for the President. The Court addressed the practice of Governors effectively shelving Bills indefinitely. The Court clarified that while a Governor could withhold assent or reserve a Bill, this action must be done "as soon as possible" and cannot be used as a perpetual veto.

“The Governor,” the opinion stressed, “is a constitutional head and must exercise these powers not arbitrarily, but on the aid and advice of the Council of Ministers, or within the very narrow confines of their constitutional discretion.” The power to return a bill for reconsideration, the Court added, required prompt communication and could not be employed to simply neglect the legislature’s will.

The judgment continued, addressing the thorny issue of prescribing judicial timelines for the Governor's action on Bills. The Court declined to set rigid deadlines, acknowledging the need for constitutional flexibility. However, it made it clear that "indefinite procrastination" of constitutional duties would not be tolerated and would be subject to judicial review.

The opinion then shifted to the Governor's role in summoning and proroguing the assembly, a matter that often precedes political instability. The Court reinforced the principle that these powers were to be exercised primarily on the advice of the elected government, safeguarding the supremacy of the legislature.

As the Court concluded its detailed opinion, the legal community recognized the profound significance of the moment. The advisory opinion, issued in response to President Murmu's reference, provided much-needed clarity. It did not create new law but solidified the established constitutional position: the Governor is an integral part of the federal structure, acting as a constitutional gatekeeper, but not as a parallel executive or a check on the people's mandate. The Fourteen Questions had been answered, re-affirming the primacy of the elected government and streamlining the delicate balance of power in the Indian democracy.

Palak Srivastava

Palak Srivastava

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