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Supreme Court Urges Governors to Avoid Delays in Bill Assent Process

  • 09 Nov 2023

On 6th November, 2023, the Supreme Court emphasized the need for Governors not to delay in acting on Bills passed by their respective state assemblies, underlining that state governments should not hesitate to approach the court due to such delays.

Key Points

  • Governors' Timely Action: The Supreme Court expressed concern over the delay caused by Governors in granting assent to Bills passed by state assemblies.
  • The CJI stated that Governors should act promptly and not wait for matters to reach the Supreme Court.
  • Punjab Government's Challenge: The Punjab government had filed a petition challenging Governor Banwarilal Purohit's delay in granting assent to Bills passed by the Assembly or proposed for tabling. The court noted similar delays in Telangana.
  • Adjournment and Reconvening: The Punjab Legislative Assembly was adjourned sine die on March 22 without being prorogued and was reconvened three months later.
  • Governor's Role and Constitutional Queries: The CJI highlighted that Governors are not elected representatives and can withhold assent and return Bills for reconsideration.
  • The Bench questioned the constitutionality of adjourning a session for three months, considering that a session should be held within six months, as specified by the Constitution. The duration of an Ordinance is also limited to six months.

Governor Withholding Assent to the Bill

  • Article 200 suggests the Governor can withhold assent, but questions arise regarding whether this can be done solely on the advice of the Council of Ministers.
  • The Constitution states that the Governor should exercise executive powers only on the Council of Ministers' advice under Article 154.
  • Uncertainty exists about the Governor's authority to withhold assent and when it can be exercised.

Issues with Pending Bills

  • Delay in Decision-Making: The Governor's inaction on bills passed by the legislature delays decision-making, impacting state governance.
  • Delay in Implementation: Pending bills delay policy and law implementation, particularly concerning public welfare.
  • Undermining Democracy: Governors using their powers for political reasons can undermine the democratic process.
  • Public Perception: Pending bills may be seen as a sign of inefficiency or corruption, harming the government's reputation.
  • Constitutional Ambiguity: Ambiguity exists in the Constitution about whether the Governor can withhold assent and under what circumstances.
  • Lack of Accountability: The Governor withholding assent without providing reasons undermines transparency and accountability principles.

The Way Forward

  • Timeframe for Assent: The Supreme Court can set reasonable time frames for Governors to decide on bills to prevent undue delays and ensure constitutional provisions are upheld.
  • Centre-State Dialogue: Dialogue between the Centre and States can address the issue and uphold constitutional provisions.
  • Public Awareness and Activism: Raising public awareness and activism is crucial. Civil society groups, media, and citizens can highlight the issue and pressure authorities to act transparently, fairly, and promptly.