27th July 2024 (11 Topics)

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Supreme Court to Examine Governors' Role in Delaying Bills

Context

The Supreme Court of India has agreed to review whether Governors, by delaying crucial Bills and eventually referring them to the President, are allowing undue Union interference in State legislative matters, thereby undermining federalism. This decision came in response to a petition by the State of Kerala.

Issue at Hand:

Kerala's Petition: Kerala's government challenged the Governor’s decision to withhold assent on seven Bills for up to two years before referring them to the President. The Bills addressed State matters such as cooperative societies, Lok Ayukta, and university laws. Kerala argued that the Governor should have either returned the Bills to the State Assembly with reasons for objections or acted on them in a timely manner. Instead, the Bills were delayed, denying the people of Kerala the benefits of these legislations.
Union Influence: Kerala contended that this delay allowed the Centre to make decisions on issues that were within the State's jurisdiction. The Governor’s actions were seen as undermining the Constitution's balance between State and Union powers.

Impact of Delays:

Federal Balance: By delaying or withholding assent on Bills, Governors might disrupt the functioning of State legislatures and executive bodies, affecting their ability to implement laws and policies effectively.
Judicial Intervention: The State governments’ functions are unfairly hindered by delays or arbitrary actions.

Fact Box: Constitutional Provisions

What does the Constitution say?
Article 200 of the Constitution lays down that when a Bill, passed by a State Legislature, is presented to the Governor for their assent, they have four alternatives —
- Give Assent: Approve the Bill, making it a law.
- Withhold Assent: Reject the Bill, which means it does not become law.
- Return the Bill: If it’s not a Money Bill, send it back to the State Legislature for reconsideration.
- Reserve the Bill: Set aside the Bill for the President's consideration.
When Does the Governor Act on Advice?
Advice from the Council of Ministers: Typically, the Governor acts based on the advice of the Council of Ministers. This means the Governor doesn’t usually make decisions independently but follows the recommendations from the government ministers.
- A Supreme Court case (Shamsher Singh case) emphasize that Governors generally act on ministerial advice and only use discretion in exceptional cases.
Withholding Assent: This might happen if the Bill was proposed by a member of the legislature who is not a Minister, known as a Private Members' Bill. In various case, the Council of Ministers might advise the Governor to withhold assent, effectively blocking the Bill.
Returning the Bill: If the Bill is returned to the State Legislature for reconsideration, it is always done based on the advice of the Council of Ministers. For instance, if a Bill is not accepted in its original form, the Governor sends it back to be reviewed again.
The Constitution does not lay down any time limit within which the Governor is required to make a decision.

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Supreme Court to Examine Governors' Role in Delaying Bills

Issue at Hand:

Impact of Delays:

Fact Box: Constitutional Provisions

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