Appeal to reason in an unreasonable age, Pg15

Key Highlights:

• The Supreme Court addressed the issue of Governors delaying assent to bills passed by state legislatures, particularly in states governed by opposition parties.
• Article 200 of the Constitution empowers the Governor to grant assent, withhold assent, or reserve a bill for Presidential consideration.
• The Supreme Court has outlawed the use of pocket veto by governors, which involves indefinitely stalling a bill without action.
• A two-judge bench and a five-judge bench of the Supreme Court differed on prescribing time limits for Governors to act on bills.
• The five-judge bench emphasized the need for elasticity for constitutional authorities, while the two-judge bench stipulated strict time limits.

Detailed Insights:

• The author argues that the presence of the Governor in the state legislature is redundant, questioning the role of an unelected official in a body of elected representatives.
• Article 200 is intended as a check on the legislature to ensure it does not exceed its constitutional limits, but some Governors have misused this power to stall legislation.
• The pocket veto is considered unconstitutional as it obstructs the will of the people expressed through their elected representatives.
• The Supreme Court's decision reflects a concern for maintaining the balance of power between the Governor and the state legislature, especially in states with differing political affiliations.
• The author expresses concern that some Governors are deliberately obstructing laws passed by state legislatures, thereby undermining the Constitution and the will of the people.
• The Supreme Court's intervention highlights the importance of upholding the principles of democracy and the rule of law, particularly in cases where political considerations may influence the legislative process.

Key Concepts Involved:

• Article 200: Constitutional provision outlining the Governor's powers regarding assent to bills passed by the State Legislative Assembly.
• Pocket Veto: An action where the President or Governor does not act on the bill, neither signing nor vetoing it, indefinitely stalling the bill.
• Separation of Powers: The division of governmental power among different branches (legislative, executive, and judicial) to prevent abuse of authority.