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Unheeded advice

  • Published
    23rd Nov, 2023

Context:

Governors' excessive autonomy undermines collaborative governance with 'aid and advice' clause compromised and requires reconsideration.

Governor's Role in Bill Approval

  • Governors' Unchecked Power: Governors' misuse of unlimited time for assent creates friction with elected regimes.
  • Controversial Delays: Specific case of Tamil Nadu Governor R.N. Ravi deliberately delaying actions until court intervention raises concerns.
  • Supreme Court's Scrutiny: Supreme Court's preliminary observations indicate scrutiny of Article 200, emphasizing Governors' accountability in Bill approval.

Constitutional Ambiguities and Executive Power

  • Governor's Role Defined: Constituent Assembly debates show intent for Governors to act on the advice of the Council of Ministers.
  • Discrepancy in Practice: In practice, Governors, including reserving Bills for the President's consideration, exercise individual discretion.
  • Addressing Constitutional Ambiguities: Supreme Court urged to provide authoritative decision to prevent Governors exploiting constitutional ambiguities for personal advantage.

Need for Clarity and Constitutional Reconsideration

  • Lack of clarity on whether 'withholding assent' is a final rejection or requires follow-up action.
  • Compromised 'Aid and Advice': The 'aid and advice' clause is compromised by clauses allowing Governors undue discretion, requiring reconsideration.
  • Curbing Misuse: The Supreme Court must clarify the law, ensuring Governors cannot misuse grey areas for personal or political gains.
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