Governor

Syllabus Areas:

GS II - Polity, Governance

The Supreme Court’s five-judge Presidential Reference Bench led by Chief Justice of India B.R. Gavai is hearing the issue of whether timelines should be imposed on Governors and the President for deciding assent on State Bills under Articles 200 and 201.

  • Triggered by delays in assent, especially in opposition-ruled States like Kerala, Tamil Nadu, Telangana, Punjab, and West Bengal.

CJI’s Observation

  • Governors must act as “true guides and philosophers” to State governments.
  • The relationship between Governors and State governments should be collaborative, not adversarial.

Kerala Government’s Stand (Advocate K.K. Venugopal)

  • In Kerala, 8 Bills have been pending with the Governor for 7–23 months.
  • Suggested Governors of non-NDA States should learn from BJP-ruled States, where Bills are assented without delay.
  • Emphasized: Governors must deal with Bills “as soon as possible”, not “as soon as convenient”.
  • Pointed out: Out of 28 States + 3 UTs with Assemblies, only 5 opposition States went to court → in others, Governors and legislatures worked in harmony.
  • Governors are not adversaries but part of the legislature, and equally invested in the welfare of people.

Karnataka’s Stand (Advocate Gopal Subramanium)

  • Warning against giving Governors wide discretionary powers → would create a “dyarchy” (dual authority in a State).
  • In a parliamentary democracy, the legislature is the real repository of power, being representatives of the people.
  • If Governors misuse discretion, national elections lose meaning.

Debate on Timelines

  • Current Law (Articles 200 & 201): Governors/President must act “within reasonable time” → vague and open to misuse.
  • Arvind Datar’s argument: Supreme Court should set clear deadlines (3–6 months) for Governors/President to act → brings certainty and accountability.
  • Warned that vague directions would allow indefinite delays, weakening governance.

Article 200 – Assent to Bills: Governor may

(a) give assent,

(b) withhold assent,

(c) return (except money bills),

(d) reserve for President’s consideration.

Article 201 – Bills reserved for President’s consideration – President may assent or withhold.

Judicial Concerns

  • Justice P.S. Narasimha expressed caution:
    • The court has fixed timelines before (e.g., medical admissions) → led to repeated litigation.
    • Strict timelines may create more disputes instead of solving the issue.
  • Bench reminded: Interpretation must help the Constitution function better and ensure smooth governance.
Governor

Telangana’s Argument (Advocate S. Niranjan Reddy)

  • Article 143 (Presidential Reference) empowers SC to give advisory opinion.
  • Even though advisory, SC’s opinion has great persuasive value.
  • Suggested: SC can explicitly recommend that Governors/President must act within 3 months.

Core Issue

  • Whether SC can read timelines into Articles 200 and 201 (which currently do not specify deadlines).
  • Advocates argue: If SC could evolve substantive due process into constitutional interpretation, it can similarly mandate timelines to prevent abuse by delay.

Underlying Constitutional Principle

  • Governance requires coordination among the Governor, State Legislature, and Union Government.
  • If one component (Governor) withholds assent unnecessarily, entire governance suffers.

The Supreme Court is deliberating whether Governors and the President must be mandated to act within a fixed timeline (like 3 months) on Bills. Opposition States argue Governors are deliberately delaying assent to obstruct elected governments. The Court is balancing the need for constitutional clarity and accountability with the risk of over-judicial interference in executive functioning.

Prelims Questions:

1. Consider the following statements regarding the office of Governor:
  1. The Governor is directly elected by the people of the State.
  2. The Governor holds office during the pleasure of the President.
  3. The same person can be appointed as Governor of two or more States.
Which of the above statements is/are correct?
  1. 1 and 2 only
  2. 2 and 3 only
  3. 1 and 3 only
  4. 1, 2 and 3
2. The Governor can promulgate ordinances under Article 213 when:
  1. The State Legislature is not in session.
  2. The President gives prior approval for issuing ordinances.
  3. The Governor is satisfied that immediate action is necessary.
Which of the statements given above is/are correct?
  1. 1 and 3 only
  2. 2 only
  3. 1, 2 and 3
  4. 1 only
3. With reference to the discretionary powers of the Governor, which of the following is/are correct?
  1. Reserving a Bill for the consideration of the President.
  2. Appointment of Chief Minister when no party has a clear majority.
  3. Dismissing a Council of Ministers that has lost majority.
  4. Assent to Money Bills.
Select the correct answer using the code given below:
  1. 1, 2 and 3 only
  2. 2 and 4 only
  3. 1 and 3 only
  4. 1, 2, 3 and 4

Mains Questions

  • The Governor is envisaged as a “constitutional head” of the State but has often been accused of acting as an “agent of the Centre”. Critically examine. 10 Marks 150 Words
  • “Delays in Governor’s assent to Bills affect the functioning of parliamentary democracy at the State level.” Evaluate in the light of the Supreme Court’s recent observations. 15 Marks 250 Words