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Judicial Review of Governor’s Powers
Context:
The Supreme Court questioned whether a Governor’s delay in granting assent to State Bills under Article 200 is open to judicial review, similar to the review allowed in cases of President’s Rule under Article 356.
Constitutional Provisions
- Article 200: Governor may
- Give assent to a Bill,
- Withhold assent,
- Return the Bill (if not a Money Bill) for reconsideration, or
- Reserve it for the consideration of the President.
- Article 356: President’s Rule based on Governor’s report regarding the failure of constitutional machinery in the State.
Judicial Review
- In R. Bommai v. Union of India (1994), the Supreme Court held that the proclamation of President’s Rule under Article 356 is subject to judicial review to check mala fide or extraneous reasons.
- The Court is now considering whether delays by Governors under Article 200 can also be subjected to judicial scrutiny.
Recent Context
- Triggered by Tamil Nadu’s petition against its Governor sitting on Bills since 2020.
- A two-judge Bench earlier prescribed a three-month timeline for Governors and the President to act on Bills.
- A Presidential Reference Bench is now examining the scope of judicial intervention.
Debate on Separation of Powers
- Centre and several States argue that the Governor’s legislative functions are not subject to judicial deadlines.
- Judiciary stresses that indefinite delay undermines federalism and legislative functioning.
- B.R. Ambedkar had clarified that both Union and States must function within their constitutional domains, barring emergencies.
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