The Supreme Court questioned the Centre and BJP-ruled States regarding the judiciary's power to review a Governor's inaction on State Bills.
Chief Justice of India (CJI) B. R. Gavai compared the discretionary powers of a Governor under Article 356 (President's Rule) and Article 200 (assent to State Bills) of the Constitution.
The Presidential Reference was triggered by an April 8 judgment concerning the Tamil Nadu Governor's delay in assenting to Bills since 2020.
The Centre and some States argued that the judiciary should not impose deadlines on the President and Governors for deciding on State Bills.
Detailed Insights:
The S.R. Bommai case (1994) established that the proclamation of President's Rule could be judicially reviewed for mala fide intentions.
Article 356 allows the President to impose President's Rule in a State based on the Governor's report about the failure of the constitutional machinery.
Article 200 outlines the Governor's powers concerning State Bills presented for assent, including the option to reserve them for Presidential consideration.
The Supreme Court is examining whether the judiciary can intervene when Governors delay decisions on State Bills for extended periods.
Some legal experts argue that the Governor's assent to a Bill is a legislative function and should not be subject to judicial review.
The CJI referenced Dr. B.R. Ambedkar's vision of the Centre and States operating within their defined constitutional boundaries.
Key Concepts Involved:
Article 356: Provisions related to the imposition of President’s Rule in a state due to the failure of constitutional machinery.
Article 200: Deals with the Governor's power to grant or withhold assent to bills passed by the State Legislature.
Presidential Reference: Under Article 143, the President may seek the Supreme Court’s advisory opinion on questions of law or fact of public importance.