GS 2: PolityGS 2: Governance

DMK calls it 'good judgment'; opinion 'positive', says Kerala, Pg8

Supreme Court clarifies Governor's role on pending bills, emphasizes accountability, and allows limited judicial review amid DMK, Kerala concerns.

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Key Highlights:

  • The Supreme Court stated that no fixed timeline exists for the President or Governors to act on bills passed by state legislatures.
  • Prolonged, unexplained inaction by a Governor may invite judicial scrutiny.
  • Tamil Nadu and Kerala had approached the Supreme Court regarding delays in Governors approving bills.
  • Between September 2021 and October 2025, Tamil Nadu's Governor cleared 81% of 211 bills received.
  • Kerala's Law Minister welcomed the Supreme Court's opinion, stating that withholding bills indefinitely is against federalism and democracy.

Detailed Insights:

  • The Supreme Court's opinion came in response to a Presidential Reference made after a two-judge bench fixed timelines for presidential and gubernatorial action in April.
  • The prior two-judge bench ruling stated that a bill can only be reserved for the President in the first instance.
  • Tamil Nadu reported that of the bills cleared by the Governor, 73 were approved within a week, 61 within a month, and 27 within three months.
  • Some politically sensitive bills in Tamil Nadu, particularly those related to university reforms, are still pending or reserved for presidential consideration.
  • The Kerala government argued that the failure to decide on bills in a time-bound manner violates constitutional principles.
  • The Supreme Court has clarified that there is an option for approaching the court under limited judicial review if bills are indefinitely withheld.

Key Concepts Involved:

  • Presidential Reference: Advice sought by the President of India from the Supreme Court on a question of law or fact.
  • Federalism: A system of government in which power is divided between a central authority and constituent political units.
  • Judicial Review: The power of the judiciary to examine the constitutionality of legislative or executive actions.
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