Should SC sit powerless as Governors block Bills: CJI , Pg1

Key Highlights:

• CJI B.R. Gavai questioned the Union government on Supreme Court's role regarding Governors delaying assent to State Bills.
• The Chief Justice highlighted the Tamil Nadu Governor holding State Bills for nearly four years without explanation.
• Solicitor-General Tushar Mehta argued against the court imposing time limits on Constitutional authorities like Governors.

Detailed Insights:

• The Presidential Reference Bench is examining the extent of judicial review over gubernatorial actions concerning State Bills.
• The Union government argued that delays by Governors are best addressed politically, not judicially.
• Justice P.S. Narasimha noted the vacuum created when Governors indefinitely delay assenting to Bills.
• Justice Surya Kant pointed out the inconsistency in Governors' actions across different States.
• The CJI emphasized that Governors are not directly accountable to the electorate, unlike elected representatives.
• The Forty-second Constitutional Amendment Act of 1976, which limited judicial review, was referenced in the discussion.
• The debate revolves around balancing judicial intervention with the autonomy of Constitutional authorities.

Key Concepts Involved:

• Judicial Review: The power of the judiciary to examine the constitutionality of legislative or executive actions.
• Separation of Powers: The division of governmental powers among the legislative, executive, and judicial branches.
• Basic Structure Doctrine: The principle that certain fundamental features of the Constitution cannot be altered by amendments.