Governors cannot sit indefinitely on Bills, says SC, but stops short of fixing timeline
GS2Polity · Governance · IR· Constitution, amendments & basic structure· Prelims + Mains·
Why in news
The Supreme Court ruled that while Governors cannot sit indefinitely on Bills, it rejected the imposition of fixed timelines for granting assent, citing the principles of federalism.
Background
A bench led by Chief Justice BR Gavai unanimously ruled that neither the Governor nor the President can be subject to fixed timelines for granting assent to Bills. The court specifically rejected a 'deemed assent' mechanism previously granted in a Tamil Nadu case.
Facts for Prelims
- ConstitutionThe Supreme Court ruled that fixed timelines for granting assent to Bills would contradict the Constitution's flexibility and separation of powers.
- FactThe court rejected the 'deemed assent' mechanism in the context of a Tamil Nadu case.
- BodyThe Supreme Court's ruling emphasizes that delays in granting assent undermine democratic governance and federalism.
For Mains
Q. Discuss the constitutional implications of the Governor's discretionary powers regarding Bills and the balance between state legislative autonomy and federal oversight.
Dimensions to cover in your answer
- Federal friction: Conflict between state legislative intent and the Governor's discretionary power to withhold assent.
- Constitutional ambiguity: Lack of a statutory timeline for assent creates potential for indefinite legislative paralysis.
- Separation of powers: Judicial restraint in refusing to impose fixed timelines to preserve executive discretion.
Keywords: Federalism · Separation of Powers · Discretionary Powers · Legislative Autonomy · Constitutional Flexibility
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