Cause of Action to Appoint Arbitrator Commences from the “Breaking Point” Between Parties: Supreme Court
The Supreme Court of India’s Concerns Regarding the Role of Governors in State Legislation.
On November 6th, a Monday, the Supreme Court of India expressed its deep concern over
the recurring issue of state governments having to resort to legal recourse when the
governor’s decisions on bills passed by the legislature are pending. This issue highlights a
potential conflict between the executive authority represented by the governor and the
legislative powers of the states. In this report, we will examine the background of this issue,
the role of the governor in the legislative process, and the implications of such a situation.
Background:
The Governor, as the constitutional head of a state, plays a crucial role in the legislative
process. Article 200 of the Indian Constitution grants the governor the authority to either
provide or withhold assent to bills passed by the state legislature. The governor’s role is
mainly ceremonial, and this power is typically expected to be exercised in accordance with
the advice of the council of ministers. However, the governor has the discretion to use their
powers when concerns arise about the constitutionality or legality of a proposed law.
The Issue:
The recurring problem that has caught the attention of the Supreme Court is the delay or
reluctance of some governors to provide their assent to bills passed by state legislatures. In
such cases, state governments are left with limited options and are often compelled to seek
legal intervention to resolve the matter. This situation is not conducive to efficient
governance and raises questions about the separation of powers between the executive and
the legislature.
Implications:
- Delay in Legislation: Prolonged delays in obtaining a governor’s assent can lead to a
backlog of important legislations, hindering the state’s ability to address urgent issues and
fulfill its legislative agenda. - Erosion of State Autonomy: The delay caused by governors’ reluctance can be perceived
as an encroachment on the autonomy of state legislatures. The legislative powers of the
states are a fundamental aspect of the Indian federal system, and undue interference from
the executive branch can undermine this framework. - Legal Costs and Court Burden: When state governments resort to the courts to resolve
issues with the governor’s decisions, it results in an increased workload for the judiciary and
additional legal expenses for the state. - Uncertainty and Instability: Prolonged disputes over bills can create an environment of
uncertainty and instability in state governance. This can negatively impact investment and
development in the region. - Need for Clarity and Consistency: To address these concerns, there is a pressing need for
greater clarity and consistency in the exercise of the governor’s discretionary powers.
Governors should act in accordance with constitutional principles and the advice of the
council of ministers, ensuring that the legislative process is not unduly hampered.
The recent expressions of concern by the Supreme Court underscore a significant issue
regarding the role of governors in the legislative process. The potential conflict between the
executive and legislative branches of state governments, particularly when it comes to the
governor’s discretion, has far-reaching implications. To ensure efficient governance and
uphold the principles of federalism, it is crucial to strike a balance between the governor’s
role as a constitutional head and the legislative authority of the states. Clarity, consistency,
and adherence to constitutional principles are vital to address this issue and maintain the
integrity of the Indian federal system. It remains to be seen whether legislative or judicial
measures will be taken to resolve this matter.
