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Option or stratagem?: On Governors, powers and Bills
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Context
The way some Governors handle legislation passed by State legislatures is under scrutiny, especially after the Supreme Court questioned their actions in Punjab, Tamil Nadu, and Telangana. This issue has prompted States like Kerala and West Bengal to challenge Governors' actions in court, raising concerns about federalism and constitutional propriety.
Governors' Actions and Supreme Court Interventions
- Governor’s Inaction: Governors have been accused of deliberately delaying or withholding assent to Bills passed by State Assemblies.
- Supreme Court's Role: The Supreme Court ruled that Governors must return Bills to the Assembly if they withhold assent and act on Bills "as soon as possible."
- New Tactic: Governors now send Bills to the President for consideration, leading to concerns about misuse of this provision to subvert federalism.
Kerala and West Bengal’s Legal Challenges
- Kerala’s Petition: Kerala has challenged the Governor's action of sending Bills to the President and the subsequent refusal of assent, questioning the indirect central intervention.
- Punjab and Telangana Judgments: The Court highlighted that Governors do not have veto power and must act promptly on Bills, but Governors in Kerala and West Bengal seem unaffected by these judgments.
- Implications for Federalism: The core issue is whether the Constitution allows such indirect central control over State legislation, as highlighted by the challenges from Kerala and West Bengal.
Mains Question
Q: Discuss the implications of Governors sending State legislation to the President for assent on the federal structure of India. How does this practice align with constitutional provisions and judicial pronouncements on the role of Governors?
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