🧭 Theme of the Editorial:
The piece critically examines the role and conduct of Governors in India, especially in the legislative process, and analyzes the Supreme Court’s recent judgment in the Punjab vs Governor case, highlighting its implications on federalism, democratic norms, and constitutional governance.
🔍 Context and Background:
- Supreme Court Judgment:
- The SC judgment in Punjab State vs Governor case criticized the Governor for withholding assent or delaying bills passed by the Punjab Assembly.
- Court emphasized that Governors are not political appointees and must act within constitutional boundaries.
- Growing Pattern:
- Rising instances where Governors have refused to act on Cabinet advice or delayed legislative action.
- Allegations of using the Governor’s office for political interference, particularly in Opposition-ruled states.
📌 Key Issues Addressed in the Editorial:
1. Governor’s Constitutional Obligations:
- Governors are expected to act on the aid and advice of the Council of Ministers.
- They should not function as agents of the Union government or act arbitrarily in a federal setup.
2. Violation of Democratic Norms:
- Delaying assent to bills disrupts legislative functioning and governance.
- Withholding consent without valid reasons undermines the state legislature’s authority.
3. Misuse of Article 200:
- Article 200 allows a Governor to:
- Give assent,
- Withhold assent,
- Reserve the bill for President’s consideration,
- Return the bill for reconsideration.
- Give assent,
- However, the article is being misused to stall bills indefinitely, often without communication or explanation.
⚖️ Supreme Court’s Stand on Article 200:
- Duty-bound Governor:
- Governor cannot indefinitely delay action on bills.
- Required to act expeditiously and in good faith.
- Reasoned Response Expected:
- If the Governor has issues with a bill, they must convey valid reasons or return it for reconsideration.
- Rejection of ‘No Obligation’ Argument:
- Court dismissed the argument that the Governor has no obligation to act.
- Affirmed that inaction is not acceptable under the Constitution.
🧩 Federalism and Separation of Powers:
- Governor’s delays infringe on the legislature’s authority.
- Courts reaffirm the primacy of elected governments in policymaking.
- Misuse of gubernatorial powers threatens cooperative federalism.
🗳️ Democratic Accountability:
- The editorial reiterates that the Governor is not an elected representative and must not obstruct elected representatives.
- Power should lie with those who are accountable to the people.
🚨 Concerns Raised:
- Governors acting like political agents of the Union government.
- Delays in crucial bills related to public services, laws, and governance.
- Weak judicial enforceability of constitutional norms.
- Need for greater transparency and timelines in gubernatorial functions.
🧭 Conclusion & Significance of Judgment:
- This judgment is a landmark reaffirmation of:
- Democratic principles,
- Representative governance,
- Constitutional morality.
- It sends a strong message that Governors cannot act arbitrarily and must function as constitutional heads, not political disruptors.
- Democratic principles,
UPSC MAINS QUESTION:
The growing tendency of Governors to withhold or delay assent to bills passed by state legislatures has raised concerns about the erosion of federal values. Discuss with reference to recent judicial interpretations