The Supreme Court’s recent Presidential Reference ruling on the Governor’s power to reserve a state bill for the President’s assent has far-reaching implications for UPSC aspirants preparing for polity and governance. This judgement sheds light on the delicate federal balance between the state legislature, the Governor, and the President under the Indian Constitution.
This case highlights Article 200 of the Constitution, which empowers the Governor to grant assent, withhold it, return the bill for reconsideration, or reserve it for the President. Importantly, the Court’s clarification that the Governor can reserve a bill even if the Legislature passes it again ensures that a constitutional dialogue is maintained to address issues relevant to national interest such as fundamental rights and judiciary independence.
The judgement also reinforces that the Governor’s discretionary powers are not subject to judicial review except in cases of unreasonable delay. This underscores the separation of powers doctrine and the complexities of federal governance, helping aspirants understand constitutional provisions beyond a theoretical level.
Furthermore, the decision about the absence of a fixed timeline for Governors and the President to act on bills reiterates the flexible nature of executive actions, countering earlier rulings demanding strict timelines. This is crucial for candidates to analyze the dynamic between law, convention, and practical governance.
The judgement is vital for aspirants to comprehend intergovernmental relations, the role of constitutional functionaries, and the potential checks and balances, aligning with the UPSC syllabus in Indian Polity (Governors, President, Federalism) and Governance (Executive powers, Judiciary and Legislature relations).
Five Most Probable UPSC Questions from this Topic:
1. Explain the various options available to a Governor under Article 200 of the Indian Constitution when a bill is presented for assent. Discuss the federal implications of the Supreme Court’s recent ruling on the Governor’s power to reserve bills for the President.
2. Analyze the role of the Governor in the Indian federal structure with reference to the discretionary power to reserve bills passed by the State Legislature. How does the recent Supreme Court judgement impact center-state relations?
3. Discuss the constitutional provisions governing the assent to state bills and the scope of judicial review over Governor’s discretionary powers. How does the Supreme Court’s Presidential Reference clarify these issues?
4. What are the constitutional safeguards ensuring that the Governor does not unduly delay assent to state bills? Critically examine the Supreme Court’s stance on timelines for Governors and the President in granting assent.
5. Examine the significance of the Supreme Court’s Presidential Reference regarding the Governor’s powers in the context of parliamentary democracy and the separation of powers doctrine in India.