Syllabus: Issues and challenges pertaining to the federal structure
Context
- Article discusses the constitutional role of the President and Governors, and reflects on the Supreme Court’s opinion in the 16th Presidential Reference concerning delays in granting assent to Bills.
- Emphasises the balance between the letter and spirit of the Constitution in Centre–State relations.
Role of President and Governors
- These high offices can enable substantial good or cause institutional harm, depending on how powers are exercised.
- Many incumbents adopt a cautious, minimalistic approach, avoiding controversy or independent decision-making.
- Misuse of signature—assenting under pressure or refusing out of bias—constitutes a breach of constitutional duty.
Historical Examples of Constitutional Morality
- President R. Venkataraman (1987–92)
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- Used authority confidently and independently, advising PMs discreetly on constitutional matters.
- Enjoyed credibility due to vast constitutional experience; no friction with the Cabinet.
- President K. R. Narayanan (1997–2002)
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- Returned the Union Cabinet’s recommendation to dismiss the Kalyan Singh government in Uttar Pradesh.
- Rejected Bihar Governor’s proposal to impose President’s Rule in 1998.
- Actions driven by constitutional fairness, not politics.
Expectations from Constitutional Heads
- They must remain alert to the Constitution’s text and spirit, preventing manipulation of the letter to defeat underlying values.
- They are neither rubber stamps nor political actors; decisions must be timely and principled.
- Delays should not become tools of political interference.
Supreme Court’s Opinion in 16th Presidential Reference
- Court refused to impose a fixed timeline for Governors to act—upholding the letter of the Constitution.
- Simultaneously ruled that “evasive inaction” is impermissible—upholding the spirit of the Constitution.
- Court recognised risks of politically motivated delay but avoided becoming a “tutor” to either branch.
Broader Implications
- Federal functioning requires mutual constitutional respect between legislature and constitutional heads.
- The judgment seeks balance between power to do right and the right way to exercise power.
- Ultimately, institutions remain strong only when occupants rise above personal or political limitations.