GS 2: PolityGS 2: Governance

SC takes welcome step back, restores balance, Pg10

Supreme Court revisits timeline for presidential assent to bills, emphasizing separation of powers and avoiding executive overreach.

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Key Highlights:

  • The Supreme Court has revised its earlier timeline for President and Governors to approve bills.
  • The court emphasized it cannot take over executive powers, but remains open to states facing "prolonged, unexplained and indefinite" delays.
  • The initial timeline was set in April during a case regarding pending bills in Tamil Nadu.
  • President Droupadi Murmu raised 14 questions about the initial verdict in May, referencing the separation of powers.

Detailed Insights:

  • The initial SC ruling in April aimed to address instances where Raj Bhavans were obstructing law-making in opposition-ruled states.
  • The court acknowledged that governors cannot hinder the democratic process by arbitrarily withholding assent to bills passed by state legislatures.
  • The prescription of strict timelines for governors and directives to the president raised concerns about the court overstepping its mandate.
  • The SC now emphasizes that judicial intervention in the legislative process could undermine the separation of powers doctrine.
  • The Constitution envisions the governor as a link between the Centre and states, not as a source of division.

Key Concepts Involved:

  • Separation of Powers: The division of governmental power among the legislative, executive, and judicial branches.
  • Raj Bhavan: The official residence of the Governor of a state in India.
  • Judicial Review: The power of the judiciary to examine the actions of the legislative and executive branches of government and determine whether such actions are consistent with the constitution.
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