A welcome development, Supreme Court rules governors must approve or roll back bills ‘as soon as possible’
Posted Date – 12:15 AM, Wed – 26 April 23
A welcome development, Supreme Court rules governors must approve or roll back bills ‘as soon as possible’
The Supreme Court’s clear ruling that state governors must approve or roll back bills “as soon as possible” as required by Article 200 of the Constitution is a welcome development. More recently, deliberate inaction by some governors on bills passed by the Assembly has become a major concern in non-BJP-ruled states. The Supreme Court has clarified the role of the governor while dealing with a petition filed by the Telangana government complaining that Governor Tamilisai Soundararajan is sitting on nearly 10 bills passed by Parliament. The state government rightly argued that the governor had created “constitutional gridlock” by refusing to act on several bills passed by the Legislature. This deliberate delay can only be interpreted as illegal and unconstitutional. More recently, the governor’s role has drawn attention for its partisan leanings. The battle between state governments and governors, whether in Telangana, Tamil Nadu, Kerala, Chhattisgarh, West Bengal or Punjab, has intensified over many issues, including governors Unnecessary interference in day-to-day administration They deliberately delayed the consent bill. Recently, Tamil Nadu Chief Minister MK Stalin suggested that non-BJP states must collectively urge the center to set a timetable for governors to approve bills passed by Parliament. Telangana has been forced to go to court under Article 32 of the constitution amid a constitutional deadlock caused by the governor’s refusal to act on several bills passed by the legislature.
They include the Telangana Municipal Laws (Amendment) Bill, the Telangana Public Employment (Pension Age Regulations) Amendment Bill and the Telangana Universities Common Recruitment Board Bill. This is the second time the state government has knocked on the Supreme Court’s door against the governor. In February, it filed an application with the Telangana High Court seeking to direct the governor to approve the state budget for 2023-24. However, the court recommended that the parties resolve the issue amicably. Although the constitution gives Raj Bhavan an elbow room to roll back a bill passed by Parliament, if the legislature re-approves the bill, the Governor-General is bound to accept it. However, nothing is said about the amount of time this process might take. Article 163 of the Constitution is the source of the governor’s discretion. The combined effect of section 163 provides room for central intervention in the affairs of the states as the coalition government nominates governors. However, any attempt to violate the powers of the legislature constitutes an abuse of the powers of the governor. Now is the time for a broader national debate in the country about the relevance of the governor’s office.
