Editorial: Over to the Governors
The Supreme Court ruling that the Governors must give assent or return the Bills ‘as soon as possible’ is a welcome development
The Supreme Court’s unequivocal ruling that the State Governors must give assent or return the Bills ‘as soon as possible’, as mandated by Article 200 of the Constitution, is a welcome development. The deliberate inaction by some Governors on the Bills passed by the Assemblies has, of late, become a matter of major concern in the non-BJP-ruled States. The apex court cleared the air on the role of Governors while dealing with a petition filed by the Telangana government, which had complained about Governor Tamilisai Soundararajan sitting on nearly 10 Bills passed by the Assembly. The State government has rightly argued that the Governor was creating a ‘constitutional impasse’ by refusing to act on several Bills passed by the legislature. Such deliberate delay can only be construed as illegal and unconstitutional. In recent times, the role of Governors is coming under scanner because of their partisan approach. The tussle between the State governments and the Governors, be it in Telangana, Tamil Nadu, Kerala, Chhattisgarh, West Bengal or Punjab, has been intensifying over a plethora of issues, including unnecessary intervention of the Governors in the day-to-day administration and deliberate delays on their part to give assent to the Bills. Recently, Tamil Nadu Chief Minister MK Stalin suggested that the non-BJP States must collectively urge the Centre to fix a timeframe for Governors to approve Bills passed by Assemblies. Telangana was forced to move the court under Article 32 of the Constitution in view of a constitutional impasse created on account of the Governor’s refusal to act on several Bills passed by the legislature.
They include the Telangana Municipal Laws (Amendment) Bill, the Telangana Public Employment (Regulation of Age of Superannuation) Amendment Bill, and the Telangana Universities Common Recruitment Board Bill. This was the second time that the State government has knocked on the apex court’s door against the Governor. In February, it moved the Telangana High Court, seeking its direction to the Governor to give her approval to the State Budget for 2023–24. The court, however, had suggested that both sides sort out the issue amicably. Though the Constitution provides an elbow room for the Raj Bhavan to return a Bill passed by the Assembly, if the legislature clears it again, the Governor is bound to accept it. However, there is silence on the quantum of time that may be taken in this process. Article 163 of the Constitution acts as a source of the discretionary power of a Governor. As the union government nominates the Governors, the combined effect with Article 163 provides the scope for the Centre meddling in the States’ affairs. However, any attempt to encroach upon the legislature’s powers amounts to an abuse of the Governor’s authority. It is time the country took up a wider national debate on the relevance of the Governor’s office.
