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Gubernatorial procrastination is unreasonable

  • Published
    6th Oct, 2022

Context:

  • The question has been raised, whether a governor is permitted to cause uncertainty while giving assent to the bills passed by the state legislature.

Examples of Kerala and Tamil Nadu:

  • Causing Uncertainty: The recent actions of governors of Kerala and Tamil Nadu have created uncertainty over the process of giving assent to the Bills.
  • Legislature vs Governor: Refusing the assent to a bill defeats the purpose of an elected government as the legislature reflects the will of the people which is not the case with governors.

Practices overseas:

  • United Kingdom: Although there is a provision of royal assent and the bill can be withheld by the crown but it’s a dead letter now. The veto is no longer exercised by the crown.
  • United States: The president has been vested with the power to refuse the assent and return the bill. But if the house passes it again with a 2/3rd majority it becomes a law.
  • Not the best Practice: In India, the whole legislative exercise becomes fruitless because of the undue constitutional advantage given to the governors.
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