GS 2: PolityGS 2: GovernancePrelims

Should SC sit powerless as Governors block Bills: CJI , Pg1

CJI questions Centre on Governors' Bill delays, asks if SC should be 'powerless' amid constitutional concerns and legislative deadlock.

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Key Highlights:

  • CJI B.R. Gavai questioned the Union government on Supreme Court's role regarding Governors delaying assent to State Bills.
  • The Chief Justice highlighted the Tamil Nadu Governor holding State Bills for nearly four years without explanation.
  • Solicitor-General Tushar Mehta argued against the court imposing time limits on Constitutional authorities like Governors.

Detailed Insights:

  • The Presidential Reference Bench is examining the extent of judicial review over gubernatorial actions concerning State Bills.
  • The Union government argued that delays by Governors are best addressed politically, not judicially.
  • Justice P.S. Narasimha noted the vacuum created when Governors indefinitely delay assenting to Bills.
  • Justice Surya Kant pointed out the inconsistency in Governors' actions across different States.
  • The CJI emphasized that Governors are not directly accountable to the electorate, unlike elected representatives.
  • The Forty-second Constitutional Amendment Act of 1976, which limited judicial review, was referenced in the discussion.
  • The debate revolves around balancing judicial intervention with the autonomy of Constitutional authorities.

Key Concepts Involved:

  • Judicial Review: The power of the judiciary to examine the constitutionality of legislative or executive actions.
  • Separation of Powers: The division of governmental powers among the legislative, executive, and judicial branches.
  • Basic Structure Doctrine: The principle that certain fundamental features of the Constitution cannot be altered by amendments.
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