Context & The Gist
The Supreme Court’s recent reconsideration of timelines for Presidential assent to bills, triggered by a reference from President Droupadi Murmu, signifies a retreat from strict judicial intervention in executive functions. The Court has acknowledged the importance of maintaining the separation of powers, while still offering recourse to states facing indefinite delays by Governors in the law-making process, thus balancing judicial oversight with executive prerogative.
Key Arguments & Nuances
- Initial Judicial Intervention: The SC initially set timelines for Governors and the President to act on pending bills, responding to concerns of obstructionism by Governors in Opposition-ruled states.
- Concerns over Overreach: The prescription of strict timelines and directives to the President was perceived as potentially overstepping the Court’s mandate and encroaching upon executive powers.
- Separation of Powers: The Court now emphasizes that excessive judicial intervention in the legislative process could “shatter the permeable walls” maintaining the separation of powers, a core principle of the Constitution.
- Judicial Review’s Limits: While acknowledging judicial review as a fundamental aspect of the Constitution, the SC clarifies that it is not absolute and cannot negate the separation of powers doctrine.
- Constructive Approach: The Centre’s decision to seek the Court’s opinion for recalibration, rather than confrontation, demonstrates a constructive approach to resolving the constitutional impasse.
UPSC Syllabus Relevance
- Polity: Separation of Powers, Federalism, Role of the President and Governor, Constitutional Amendments.
- Governance: Centre-State relations, Constitutional issues related to legislative processes.
- Law and Justice: Judicial Review, Advisory Jurisdiction of the Supreme Court (Article 143).
Prelims Data Bank
- Article 143: Advisory jurisdiction of the Supreme Court – The President may refer a question of law or fact to the Supreme Court for its opinion.
- Article 200: Governor’s power to give assent to bills passed by the State Legislature.
- Separation of Powers: A fundamental principle of the Constitution, dividing governmental power among the legislative, executive, and judicial branches.
Mains Critical Analysis
The Supreme Court’s initial intervention highlighted a growing constitutional friction between the Centre and states, particularly regarding the role of Governors. The Court’s attempt to provide a remedy, while well-intentioned, raised concerns about judicial overreach and the potential erosion of the separation of powers. The subsequent reconsideration reflects a more nuanced understanding of the Court’s role – to safeguard the Constitution, not to micromanage executive functions.
The PESTLE analysis reveals:
- Political: The issue underscores the delicate balance of power in a federal structure and the potential for political tensions between the Centre and states.
- Economic: Delays in assent can hinder economic development by delaying the implementation of crucial legislation.
- Social: Prolonged delays can erode public trust in the democratic process.
- Technological: Not directly relevant.
- Legal: The case reinforces the importance of upholding the basic structure of the Constitution, including the separation of powers.
- Environmental: Not directly relevant.
A critical gap remains in addressing the underlying issue of Governors acting as obstructionist forces. While the Court has offered recourse for indefinite delays, a more proactive mechanism for resolving disputes between the Centre and states regarding Governor’s actions may be necessary.
Value Addition
- S.R. Bommai Case (1994): This landmark SC judgment affirmed the secular character of the Constitution and limited the scope of President’s rule.
- Inter-State Council: Established under Article 263 of the Constitution to promote coordination between the Centre and states.
- Punchhi Commission (2010): Recommended strengthening Centre-State relations and improving the functioning of the Inter-State Council.
- Quote: “The Constitution is not a static document; it must be interpreted in the light of the changing needs of society.” – Dr. B.R. Ambedkar
The Way Forward
- Immediate Measure: Establish a clear protocol for Governors to provide reasons for withholding assent to bills, promoting transparency and accountability.
- Long-term Reform: Strengthen the Inter-State Council and empower it to mediate disputes between the Centre and states regarding Governor’s actions. Consider a constitutional amendment to clarify the Governor’s role and responsibilities.