Governors must act as true guides and philosophers to States, says CJI Gavai, Pg11

Key Highlights:

• The Chief Justice of India (CJI) B.R. Gavai stated that Governors should act as guides and philosophers to State governments.
• The Kerala government argued for a collaborative relationship between the Governor and the State government.
• Several States, including Kerala, Tamil Nadu, Punjab, Telangana, and West Bengal, have raised concerns about delays in Governors granting assent to Bills.
• The Supreme Court is hearing a Presidential Reference on whether specific timelines can be imposed on Governors and the President for acting on State Bills.

Detailed Insights:

• The debate centers on the Governor's role in State legislatures, with some arguing that expansive powers could create a dyarchy, undermining the elected legislature's authority.
• Article 200 and Article 201 of the Constitution are central to the discussion, outlining the process for Governors and the President to grant assent to Bills.
• The Supreme Court previously set a three-month deadline for Governors and the President to decide on Bills, but this is now under review due to concerns about increased litigation.
• The Presidential Reference aims to provide clarity on the constitutional obligations of Governors and the President regarding State Bills, ensuring the smooth functioning of governance.
• Some legal experts suggest the Supreme Court should set specific timelines for Governors to act on Bills to provide clarity and certainty, preventing delays and potential conflicts.
• Article 143 gives the Supreme Court advisory jurisdiction, allowing it to provide opinions to the President on matters of public importance, which can have persuasive value.

Key Concepts Involved:

• Dyarchy: A system of government where two independent authorities share power.
• Presidential Reference: A mechanism under the Indian Constitution where the President seeks the Supreme Court's opinion on a question of law or fact.
• Article 200: Constitutional provision dealing with assent to bills by the Governor.
• Article 201: Relates to bills reserved for consideration by the President.