Current Affairs22 Nov, 2025The Hindu​Blow to States, Pg6...
GS 2: PolityGS 2: GovernanceGS 2: Social Justice

​Blow to States, Pg6

Supreme Court weakens federalism by granting Governors unchecked power to delay state legislation, undermining states' rights and legislative authority.

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Key Highlights:

  • The Supreme Court addressed the 16th Presidential Reference, ruling on the powers of Governors and the President regarding State Bills.
  • The Court held that the judiciary cannot impose fixed timelines on Governors or assume "deemed consent" for State Bills.
  • Governors can now effectively block or delay State legislation without explicit constitutional accountability.
  • The ruling contradicts an earlier judgment from April 2025 that prescribed three-month timelines for Governors.
  • Even after a State Assembly re-passes a Bill, the Governor can still reserve it for the President's consideration.

Detailed Insights:

  • The Supreme Court invoked separation of powers, empowering Governors at the expense of State rights.
  • The Court stated that Articles 200 and 201 do not prescribe deadlines, disregarding the constitutional text "as soon as possible".
  • The framers of the Constitution intentionally removed the phrase "in his discretion" from Articles 200 and 201 to limit the Governor's power.
  • The Sarkaria Commission had recommended a six-month period for Governors to decide on Bills.
  • The judgment provides no guidance on when referring a Bill to the President is appropriate, potentially leading to indefinite delays.
  • States have limited mechanisms to challenge arbitrary delays, even on subjects under the State List.

Key Concepts Involved:

  • Article 200: Deals with the Governor's role in assenting to Bills passed by the State Legislature.
  • Article 201: Concerns the Governor reserving a Bill for the President's consideration.
  • Article 142: Grants the Supreme Court the power to pass orders necessary for doing complete justice.
  • Federalism: A system of government in which power is divided between a central authority and constituent political units.
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