UPSC-Relevant News Items

1. SC Advisory on Governor's Role in Bill Delays Deemed Flawed but Acceptable- Editorial analysis

Page: 6

Summary:

• • The President sought an SC advisory opinion (Article 143) on whether courts can set a time limit for Governors/President to assent to state bills.
• • The five-judge bench subsequently stated the SC cannot impose timelines on Governors regarding their constitutional duty on bills.
• • The author critiques the opinion, arguing it allows Governors to indefinitely "sit" on bills, undermining the democratic mandate of elected legislatures.
• • Although the SC acknowledged the potential gravity of undue delays, it emphasized that constitutional conventions and political accountability, not judicial deadlines, should govern the process.

Additional Facts:

• • Article 200 mandates the institutional framework for state bill assent, requiring the Governor to assent, withhold assent, or reserve the bill for the President's consideration (Article 201).
• • The President utilized Article 143 (Advisory Jurisdiction), a key institutional mechanism, to seek clarification from the Supreme Court regarding the absence of prescribed time limits for gubernatorial assent.
• • While no explicit timeline exists, constitutional interpretations suggest the Governor must act "as soon as possible," a vague standard that has led to recent political conflicts in states like Punjab and Tamil Nadu.

Linkage with UPSC course:

• • General

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