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SC Questions Governors’ Inaction on State Bills

Why in the News?

The Supreme Court has raised concerns over Governors indefinitely delaying assent to State Bills, questioning why such inaction under Article 200 cannot be judicially reviewed when even the Governor’s recommendation for President’s Rule under Article 356 is open to scrutiny.

About Supreme Court’s Observations:

  • Chief Justice of India B.R. Gavai questioned:

○ “If Article 356 discretion can be reviewed, why not Article 200?”

  • Expressed concern over Governors sitting on Bills for years without decision.
  • Referred to Tamil Nadu’s petition where Bills remained pending since 2020.
  • April 2024 judgment had set a three-month timeline for Governors and President to act on Bills.
  • Highlighted Dr. B.R. Ambedkar’s view: Union and States must function within their domains unless in cases of emergency.

Arguments Presented and Wider Implications:

  • Centre & States’ Stand (Maharashtra, Rajasthan, Chhattisgarh, Goa, Haryana, Puducherry):

○ Judicial deadlines cannot be imposed on President or Governors.

○ Misconduct, if any, should be addressed by Parliament, not courts.

  • Senior Advocates’ Arguments:

○ Harish Salve (Maharashtra): Governor’s assent is the final legislative step; hence part of the legislative process.

○ Neeraj Kishan Kaul: Governors enjoy “wide” discretionary powers.

  • CJI’s Counterpoint: Judiciary cannot remain powerless if a Governor delays assent for 5 years.
  • Broader Impact:

○ Raises issues of federalism and separation of powers.

○ Judicial scrutiny of Governor’s role may strengthen legislative functioning and prevent misuse of discretionary powers.

Key Constitutional Provisions Involved Governors power:
● Article 200:
○ Deals with the Governor’s power over State Bills.
○ Options: grant assent, withhold assent, return for reconsideration, or reserve for President.
● Article 356:
○ Relates to President’s Rule in a State.
○ Based on the Governor’s report on failure of constitutional machinery.
● S.R. Bommai Case (1994):
○ Held that proclamation of President’s Rule is subject to judicial review.
● Key Principle: Discretionary powers of Governors are not absolute and must align with constitutional accountability.