A judicial nudge following stuck legislative business, Pg6

Key Highlights:

• The Supreme Court addressed a Presidential Reference regarding the Governor's powers under Article 200 concerning assent to State legislature Bills.
• A two-judge Bench previously set a three-month timeline for Governors and the President to decide on Bills submitted for assent.
• The court's timeline has faced criticism, with arguments that the Constitution does not specify a time frame for high constitutional authorities.
• Article 200 outlines four options for the Governor when a Bill is presented, including assenting, withholding assent, returning for reconsideration, or reserving for presidential consideration.

Detailed Insights:

• Article 163 mandates that the Governor acts on the advice of the Council of Ministers, except in specified constitutional matters.
• The Sarkaria Commission and Punchhi Commission affirmed that the Governor is a constitutional head, with executive power vested in the elected government.
• The omission of "in his discretion" from Article 200, compared to the Government of India Act, 1935, suggests the Constitution intended the Governor to act on the Council's advice.
• The Supreme Court has held differing views on the Governor's discretionary powers under Article 200, with some judgments recognizing it and others cautioning against it.
• Article 355 could be interpreted to allow the Union Government to intervene when a Governor obstructs the legislative process by delaying action on Bills.
• The Supreme Court's imposition of a time limit aims to address situations where Governors delay acting on Bills, thereby streamlining the legislative process.
• Recent judgments, such as State of Punjab vs Principal Secretary to the Governor (2023) and The State of Tamil Nadu vs The Governor Of Tamilnadu and Anr., support federalism.

Key Concepts Involved:

• Article 200: Constitutional provision outlining the Governor's powers regarding assent to bills passed by the State legislature.
• Article 163: Constitutional provision stating that the Governor is required to exercise his functions only on the aid and advice of the Council of Ministers.
• Article 355: Imposes a duty upon the Union to ensure that the government of a State is carried on in accordance with the provisions of the constitution.
• Federalism: A system of government in which power is divided between a central authority and constituent political units.