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Constitutional silences, unconstitutional inaction
Context:
The article discusses, how the provisions under Article 200 have been used by some Governors to obscure, the mandate of democratically elected governments.
Constitutional scheme
- Deliberate gaps: The founders left deliberate gaps in the constitution to enable a future Parliament to modify and amend the Constitution. Unfortunately, it gave birth to a constitution with glaring misses, e.g., Article 200.
- Article 200: It does not prescribe a timeline for the Governor to provide assent to Bills sent by the Legislative Assembly, which results in undermining the mandate of elected governments.
- Judiciary’s View: In Purushothaman Nambudiri vs State of Kerala (1962), Supreme Court clarified that the Constitution does not impose any time limit within which the Governor should provide assent to Bills.
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