Why in News: In May 2025, the President referred to the Supreme Court questions on Governors’ powers after its April 2025 ruling set a 3-month deadline for assent to State Bills, opposed by the Centre but backed by Opposition States.
Constitutional & Judicial Position
- Article 200: Governor may assent, withhold, return, or reserve a Bill; no timeline prescribed.
- Article 201: President decides on reserved Bills; again no timeline.
Judicial stance:
- Shamsher Singh (1974): Governor bound by ministerial advice.
- Nabam Rebia (2006): Limited discretionary powers.
- K.M. Singh (2020): Court fixed timelines for Speakers under Tenth Schedule.
- Tamil Nadu v. Governor of TN (2025): 3-month deadline, delays open to judicial review.
Commissions:
- Sarkaria (1987): Reservation only in rare cases; President to decide within 6 months.
- Punchhi (2010): Governors must act within 6 months.
Divergent Perspectives
Centre’s View:
- Courts cannot insert timelines absent in Constitution.
- Article 163 grants discretion immune from judicial review.
- Fixing timelines for President (Art. 201) intrudes on Union executive.
- Issues are political, not judicial, and should be settled within constitutional framework.
States’ View:
- Governors in Opposition-ruled States deliberately delay assent.
- Such inaction amounts to negating elected mandate.
- Federalism, a basic feature of the Constitution, is weakened.
- Discretion cannot mean indefinite inaction or obstruction.
Arguments for timelines: Ensure accountability, prevent legislative paralysis, uphold federal balance, reinforce constitutional morality.
Arguments against timelines: Judicial overreach into constitutionally silent areas, risks friction between Centre and States, undermines political resolution.
Way forward: Depoliticise Governor’s office; codify conventions for timely action; allow judicial review in cases of mala fide delay; uphold cooperative federalism.
UPSC Relevance
- GS Paper II: Issues related to federalism, discretionary powers of constitutional authorities, judicial review.
Mains Practice Question
Q. Judicially imposed timelines for Governors’ assent to Bills may strengthen federalism but risk judicial overreach. Critically analyse.