19 May 2025 : Indian Express Editorial Analysis
1. The Court’s Bind
(Source: Page 8, The Indian Express)
| Topic:
GS2: Polity and Governance – Separation of Powers, Role of Judiciary, Centre-State Relations |
| Context |
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Constitutional Background:
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Article 143: President may refer matters of public importance to the SC for advisory opinion.
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Article 174: Governor can summon, prorogue, or dissolve the state legislature.
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Article 163: Governor to act on the aid and advice of the Council of Ministers (except in specified discretionary matters).
Key Issues Raised:
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Can the Governor withhold summoning of the Assembly despite cabinet advice?
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Is this discretion or overreach?
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The SC’s advisory opinion is non-binding, raising further procedural uncertainty
Judicial Precedents Cited:
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Nabam Rebia (2016): Governor must act on the aid and advice of the Council of Ministers.
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Constitutional experts suggest Governors have limited discretion in legislative matters.
Institutional Implications:
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Advisory opinions may limit judicial authority if seen as politicized.
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Referring the matter bypasses federal consultation or parliamentary resolution.
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Risks judicialization of politics, where courts are asked to resolve political power struggles.
Conclusion / Way Forward:
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There is a need to codify norms for gubernatorial conduct (as per Sarkaria and Punchhi Commissions).
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Centre must refrain from politically weaponizing constitutional offices.
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Judiciary should be cautious in giving advisory opinions that may be manipulated politically.
| Practice Question: “Presidential references under Article 143 must be used with caution, especially when they intersect with political conflicts.” Examine with reference to the role of the Governor in summoning State Assemblies. (GS2, 250 words) |
Read more – 17 May 2025 : Indian Express Editorial Analysis
