Supreme Court calls for prompt decision by Governors on bills passed by legislature without judicial intervention...by KBS Sidhu
In a significant verbal observation, the Supreme Court of India today expressed concern over the trend of Governors withholding assent to State Bills, passed by the Legislature, until judicial intervention was sought. The Apex Court's remarks underline the imperative for constitutional functionaries to act timely and uphold democratic ethos.
Supreme Court's Stern View on Governors' InactionOn November 6, the Supreme Court voiced its concern over the recurrent phenomenon where State Governments are compelled to seek judicial recourse for Governors to act upon legislature-passed Bills.
The Bench, headed by Chief Justice DY Chandrachud, expressed its disappointment regarding the Governors' delayed responses until matters are escalated to the judiciary.
Punjab's Plea Sheds Light on Constitutional Impasse
Today’s hearing of a writ petition from Punjab showcased the pressing issue. Punjab was aggrieved by Governor Banwarilal Purohit's inaction on seven pivotal Bills1. During the proceedings, the Solicitor General of India indicated that the Governor had made decisions on some of the Bills, promising detailed communication by the week's end.
The Constitutional Dilemma and Governance Hurdles
Senior Advocate Dr. Abhishek Manu Singhvi, representing Punjab, lamented the impact of this inaction on governance. He highlighted significant bills, including those concerning fiscal management and Gurdwara administration, that remained in limbo due to the Governor's inaction.
The Court also scrutinized the convening process of the legislative assembly, probing the constitutional validity of sessions' scheduling, centring around the difference between adjourning the House sine die and proroguing it.
The CJI's Call for Self-Reflection and Democratic Maturity
CJI Chandrachud's remarks were a call to action for both the Government and the Governor to engage in introspection. The Chief Justice emphasized the need for amicable resolutions between the Chief Minister and the Governor to uphold India's democratic traditions.
Parallel Concerns Across States
The issue transcends Punjab; similar grievances were shared by Kerala, Telangana and Tamil Nadu, with their respective petitions to be reviewed shortly. The hearing brought forth the nuances of the constitutional relationship between State Governors and the Legislature, especially concerning Bills' assent.
The Backdrop of Constitutional Discord
The backdrop involves the Punjab Governor's reservation in assenting to several bills, including those on fiscal responsibility and tax amendments. The Governor's contention over the legality of the legislative session posed significant constitutional queries, prompting the Punjab Government to curtail a ‘Special Session’.
Conclusion: The Imperative for Constitutional Fidelity
The Supreme Court's sagacious advice reflects the urgency for Governors to act without judicial prodding, ensuring smooth legislative processes. As cases from multiple states converge, it becomes clear that the judiciary seeks to reinforce the constitutional duties of Governors, advocating for the uninterrupted operation of democratic governance, in accordance with the letter and spirit of the Constitution.
Case Reference
The commentary stems from the case titled "The State of Punjab v Principal Secretary to the Governor of Punjab And Anr. W.P.(C) No. 1224/2023", that was heard today. The case has become emblematic of the broader constitutional discourse on gubernatorial conduct and legislative efficacy in India.
NB
Please note, at the time of this article's publication, the Supreme Court's formal written orders had not been uploaded, nor was there any notification regarding the subsequent date of hearing.
November 6, 2023
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KBS Sidhu , Former Special Chief Secretary, Punjab
kbssidhu@substack.com
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