{"id":240187,"date":"2023-04-29T19:47:19","date_gmt":"2023-04-29T14:17:19","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=240187"},"modified":"2023-05-02T16:22:45","modified_gmt":"2023-05-02T10:52:45","slug":"none-too-soon-on-governors-and-the-judiciarys-reminder-on-bills","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/none-too-soon-on-governors-and-the-judiciarys-reminder-on-bills\/","title":{"rendered":"None too soon: On Governor\u2019s and the judiciary\u2019s reminder on Bills"},"content":{"rendered":"\n

S<\/strong>ource<\/strong>: The post is based on the article \u201cNone too soon: On Governor\u2019s and the judiciary\u2019s reminder on Bills\u201d <\/b>published in The Hindu <\/b>on\u00a029<\/strong>th April 2023<\/b>.<\/p>\n

Syllabus<\/strong>: GS-2: Structure, organization and functioning of the Executive and the Judiciary.<\/p>\n

Relevance<\/strong>: About the challenges associated with the power of the governor.<\/p>\n

News<\/strong>: The Supreme Court has reminded Governors that the Constitution expects that a decision to return a Bill to the State Assembly for reconsideration should be made \u201cas soon as possible\u201d.<\/p>\n

About the case<\/h2>\n

The Telangana Governor’s apparent inaction on several Bills made the State to approach the Court.<\/p>\n

In the meantime, the Bills have been cleared by the Governor. Based on this, the Court disposed of the petition. But kept open questions that arose from the issue for consideration in an appropriate case.<\/p>\n

About the SC’s remarks on the governor’s power to return a Bill<\/h2>\n

The expression \u2018as soon as possible\u2019 contains significant constitutional content and must be borne in mind by constitutional authorities.<\/p>\n

This effectively means it would be constitutionally impermissible for Governors to hold on to Bills indefinitely without communicating their decision to the House.<\/p>\n

The Court\u2019s observation addresses the issue of delay, but it does not address the issue in granting assent.<\/p>\n\n\n\n
Read more: <\/strong>The question of justiciability of the Governor\u2019s assent to Bills in India<\/strong><\/a><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

What are the concerns associated with the powers of the Governor in India?<\/h2>\n

Note<\/strong>: The Governor have the discretionary power to withhold assent or return a Bill for reconsideration. In the Constituent Assembly, it was explicitly clarified that returning a Bill was to be done only on advice.<\/em><\/p>\n

-There are three clear problems associated with Article 200<\/strong>, which deals with assent to Bills. Such as a)<\/strong> there is an absence of a time limit for acting on Bills, b)<\/strong> The scope for reserving a Bill for the President\u2019s consideration against the advice of the Cabinet and c)<\/strong> The claim that the Governor can kill any Bill by declining assent.<\/p>\n

–Article 163<\/strong> (Discretionary power) evades the primary rule that the Governors function on the \u2018aid and advice\u2019 of the Cabinet. Further, there is also a clause that prohibits any inquiry into whether a particular matter fell within their discretion or not.<\/p>\n

These provisions give abundant scope for conflict between the government and Governor’s office.<\/p>\n\n\n\n
Read more: Issues Related to the Office of Governor \u2013 Explained, pointwise<\/a><\/strong><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

What should be done?<\/h2>\n

These rules should be changed, either by amending the Constitution or through an appropriate Supreme Court verdict. So that misuse of discretion can be kept in check.<\/p>\n","protected":false},"excerpt":{"rendered":"

Source: The post is based on the article \u201cNone too soon: On Governor\u2019s and the judiciary\u2019s reminder on Bills\u201d published in The Hindu on\u00a029th April 2023. Syllabus: GS-2: Structure, organization and functioning of the Executive and the Judiciary. Relevance: About the challenges associated with the power of the governor. News: The Supreme Court has reminded… Continue reading None too soon: On Governor\u2019s and the judiciary\u2019s reminder on Bills<\/span><\/a><\/p>\n","protected":false},"author":10311,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[8696,212,10498],"class_list":["post-240187","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-governor-related-issues","tag-gs-paper-2","tag-the-hindu","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":"","cached_date":1704734592},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/240187","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10311"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=240187"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/240187\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=240187"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=240187"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=240187"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}