The amplitude of gubernatorial discretion, Pg6

Key Highlights:

• The Supreme Court of India addressed 11 out of 14 questions regarding the role of the Governor in assenting to Bills passed by legislative assemblies, as per Article 200 of the Constitution.
• The Court stated that the Governor has discretion in assenting to, withholding assent from, or reserving a Bill for the President's consideration, without a prescribed timeline.
• The Court acknowledged a limited scope for judicial review in cases of prolonged, unexplained, and indefinite delays.
• The advisory opinion has widened the scope of gubernatorial discretion and made it non-justiciable.

Detailed Insights:

• The debate over the Governor's discretionary powers and the absence of a timeline for decision-making on Bills has led to conflicts and legal challenges over the past seven decades.
• The Court's opinion suggests that after the introduction of the Tenth Schedule (anti-defection law) in 1985, the possibility of Bills being passed without the support of the Council of Ministers is limited.
• The advisory opinion does not consider scenarios where political changes, such as shifts in coalition governments, could influence the advice given to the Governor regarding pending Bills.
• The Sarkaria Commission report had previously suggested that the Governor's discretion is narrow and limited to the second proviso of Article 200, whereas the current advisory expands this discretion and makes it non-justiciable.
• The article highlights concerns that granting non-justiciable discretion to the Governor without specific timelines could lead to a form of gubernatorial governance in the States.
• The author suggests amending Article 200 to introduce timelines for Governors to decide on Bills, promoting smoother relations between the Union and the States.

Key Concepts Involved:

• Article 200: Constitutional provision dealing with the Governor's role in assenting to Bills passed by the State legislature.
• Article 143: Constitutional provision that grants the President the power to consult the Supreme Court.
• Gubernatorial Discretion: The power of the Governor to act independently, without the advice of the Council of Ministers.
• Tenth Schedule: Also known as the anti-defection law, it penalizes legislators for switching parties.