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Gubernatorial procrastination is unreasonable
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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