Governor's Power to Withhold Assent on Bills Non-Judiciable, Centre Tells SC

Strategic Insights -

The Centre has informed the Supreme Court that a governor's decision to withhold assent on a bill passed by an assembly is a non-justiciable matter, and any issues arising from such an impasse should be resolved through the political mechanism rather than the court. The Centre's stance has led to a heated debate on the role of the judiciary in ensuring the functioning of the constitutional system, with the Chief Justice of India asking whether the court should remain passive if a governor fails to discharge his constitutional obligation.

Key Takeaways:

  • The Centre has asserted that a governor's power to withhold assent on a bill is non-justiciable, meaning that the court cannot intervene in this decision-making process.
  • Solicitor General Tushar Mehta has argued that the court does not have the wherewithal to examine the validity of a governor's considerations while arriving at a decision on a bill.
  • The Chief Justice of India has asked if the court should remain powerless to examine the inaction of a governor who fails to take a decision on a bill for years, and if this situation can be remediless.
  • The Centre has emphasized the need for judicial restraint and separation of powers, stating that every problem need not be resolved by the SC.
  • The solicitor general has argued that the court can interpret the Constitution and its provisions but cannot insert a timeline for governors to act on bills.

Statistics:

  • Hundreds of aspects are examined by a governor while taking a decision on a bill.
  • The Supreme Court does not have the wherewithal to examine the validity of a governor's considerations while arriving at a decision on a bill.
  • India follows the principle of constitutional supremacy, with the supremacy neither with the legislature, executive, or judiciary.

Sources:

  • Solicitor General Tushar Mehta (no day mentioned)
  • Chief Justice of India B R Gavai (no day mentioned)
  • Supreme Court of India (no day mentioned)
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