GS 2: PolityPrelims

Fourteen questions and court’s responses, Pg13

Supreme Court clarifies Governor's powers under Article 200, emphasizing discretionary authority but allows intervention in cases of indefinite inaction.

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Key Highlights:

  • The Supreme Court addressed 14 questions regarding the powers of the President and Governors concerning assent to bills.
  • Governors can assent, reserve, or withhold assent from bills, as per Article 200 of the Constitution.
  • The court clarified that while timelines cannot be imposed on the President and Governors, courts can intervene in cases of indefinite inaction.
  • Actions of the Governor under Article 200 and the President under Article 201 are generally not subject to judicial review.

Detailed Insights:

  • A Governor is not bound by the aid and advice of the Council of Ministers when exercising discretion under Article 200.
  • Article 361 provides immunity to the Governor from being personally subjected to judicial proceedings.
  • The President is not obligated to seek the Supreme Court's advice when a Governor reserves a bill for consideration.
  • Courts cannot adjudicate the contents of a bill before it becomes law, and the concept of 'deemed assent' is not applicable.
  • A state law requires the Governor's assent under Article 200 to come into force.
  • The Supreme Court clarified that its powers under Article 142 cannot substitute the constitutional powers of the President or Governor.

Key Concepts Involved:

  • Article 200: Deals with the powers of the Governor concerning assent to bills passed by the State legislature.
  • Article 201: Deals with the powers of the President concerning bills reserved by the Governor for presidential assent.
  • Article 361: Provides protection to the President and Governors from court proceedings.
  • Article 142: Grants the Supreme Court powers to pass orders necessary for doing complete justice.
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