Syllabus: Structure, organization and functioning of the Executive and the Judiciary
Context and Core Issue
- The 16th Presidential Reference judgment has drawn mixed reactions regarding its constitutional implications.
- The central issue concerns whether courts may fix timelines for duties of high constitutional authorities.
- The judgment displays judicial restraint but appears to abdicate the interpretative duty required for evolving constitutional needs.
Constitutional Silence and Emerging Anomalies
- The Constitution prescribes no timelines for actions by the President, Governors, or Speakers.
- Speakers act as quasi-judicial tribunals under the Tenth Schedule but face no deadline for deciding defection cases.
- This creates an anomaly where a member’s entire term may lapse without consequences for defection.
- Several recent State episodes reflect this misuse, undermining the anti-defection framework.
- Governors delaying assent to Bills also raises concerns, effectively stalling valid legislation without judicial scrutiny.
- Constitutional design never intended Governors to block legislative will indefinitely.
Critique of the Verdict
- The Court held that Article 200 contains no explicit timeline, discouraging judicial insertion of one.
- This interpretation indirectly legitimises governors withholding Bills, weakening legislative authority.
- The verdict risks ceding judicial review space and ignores how constitutional silence can be manipulated for unconstitutional ends.
Constitutional Morality and Ambedkar’s Warning
- Dr. B.R. Ambedkar stressed the need for constitutional morality to guide administration and courts.
- He warned that altering the form of administration could pervert constitutional principles.
- Practices such as delayed defection rulings and withheld Bills are modern examples of such perversion.
Conclusion
- Judicial hesitation to set reasonable timelines may produce self-defeating outcomes.
- The episode highlights the continued need for constitutional morality to be internalised across institutions.