Governor cannot act as ‘super CM’, Tamil Nadu tells Supreme Court , Pg12

Key Highlights:

• Tamil Nadu argued in the Supreme Court that a Governor cannot act as a “super Chief Minister”.
• The argument was made before a Presidential Reference Bench headed by Chief Justice of India B.R. Gavai.
• Tamil Nadu asserted that the Chief Minister and Cabinet are responsible for the State's governance.
• The State argued that the Governor's role is to facilitate law-making, not dominate the State executive or legislature.
• The Centre argued that a State cannot petition the Supreme Court under Article 32 for violation of fundamental rights by the Governor.

Detailed Insights:

• The core issue revolves around the extent of gubernatorial discretion and whether it undermines the elected government's authority.
• Article 200 of the Constitution deals with the Governor's power to assent to State Bills, withhold assent, or return the Bill for reconsideration.
• Tamil Nadu referenced an April 8, 2025 judgment by the apex court regarding time limits for Governors to act on State Bills.
• The State argued that a Governor's power to return a Bill or refer it to the President should be guided by the State Cabinet.
• The Solicitor-General argued that a State cannot claim infringement of fundamental rights under Article 32 and that Governors have immunity under Article 361.
• The debate touches upon the balance of power between the Governor (appointed) and the elected State Government in a parliamentary democracy.

Key Concepts Involved:

• Article 32: Grants the right to individuals to move the Supreme Court seeking remedies for the violation of their fundamental rights.
• Article 200: Deals with the Governor's role in granting assent to bills passed by the State legislature.
• Article 361: Provides immunity to the President and Governors from court proceedings for actions taken in their official capacity.
• Gubernatorial Discretion: Refers to the powers the Governor can exercise independently, without the aid and advice of the Council of Ministers.