The Governor's Discretionary Powers and Legislative Process
The recent scrutiny of the role of the Governor in India, particularly in the context of state legislation, stems from the Supreme Court's opinion on questions posed by the President under Article 143 of the Constitution. Central to this is Article 200, which outlines the Governor's role in assenting, withholding, or reserving Bills passed by state legislative assemblies.
Key Issues and Supreme Court Opinion
- The Governor's Discretion: The Supreme Court acknowledged the Governor's discretion in assenting to, withholding assent from, or reserving a bill but refrained from prescribing a specific timeline for these actions.
- Judicial Review: The Court emphasized its limited power of judicial review, applicable only in cases of prolonged and unexplained delays.
- Historical Context: Historically, under the Government of India Act, 1935, both the Governor-General and Governors had discretionary powers, a concept debated during the drafting of India's Constitution.
Implications of Discretionary Powers
- Coalition Governments: The Court did not fully address scenarios where political changes or coalition arrangements might influence the advice tendered to the Governor, potentially leading to the return of a Bill.
- Constitutional Safeguards: There is an argument against assuming broad discretion in Article 200, as it might compromise adherence to constitutional texts and principles.
Concerns and Recommendations
- The Sarkaria Commission and other reports have historically recommended narrowing the scope of gubernatorial discretion, but current advisory opinions have expanded it, making it largely non-justiciable.
- Governor's Role: The notion that Governors serve as Union representatives in states has been controversial, with criticism about their appointment as a reward for political allegiances.
- Timelines for Assent: Historical delays in obtaining the President's assent to state bills highlight the need for clear, judicially determined timelines.
Political and Legal Dynamics
- The potential for friction increases when different political parties rule the Union and states, challenging the smooth functioning of federal relations.
- The call for an amendment to Article 200 to include specific timelines reflects an attempt to address these concerns and ensure timely legislative processes.
The debate around the Governor's role and discretion underlines a need for clarity and possibly constitutional amendments to foster cooperative federalism in India, considering the changing political landscape and historical precedents.
