14 April 2025 : The Hindu Editorial Analysis

1. A Governor’s conduct and a judgment of significance

(Source – The Hindu, International Edition – Page No. – 8)

Topic: GS2 – Polity and Constitution

Context

A recent Supreme Court judgment clarified that a Governor is not an independent authority but must follow legal rules and democratic principles. The Court emphasized that the Governor is not a representative of the Union government nor a separate power center.

Governor’s Role in Respecting Democracy

• The main issue was about the Governor not acting on Bills passed by the State Legislative Assembly.

• The Court confirmed that delaying or refusing to act on Bills without reason goes against the Constitution and democracy.
• The case involved 12 Bills, some from as early as 2020, including laws that would limit the Governor’s role in appointing Vice-Chancellors.

Delay in Action and Legal Challenge

• The Governor took no action on the Bills for a long time.
• When the State government approached the Supreme Court in 2023, the Governor referred two Bills to the President.
• The Assembly then re-passed 10 Bills in a special session, but the Governor again sent all of them to the President.
• Out of these, the President approved only one Bill, rejected seven, and left two undecided.

Federal Structure and Division of Powers

• • India’s Constitution separates powers between the Union and State governments.

• States have full authority over subjects listed in List II of the Constitution’s Seventh Schedule.

• Even though the Governor is appointed by the Union, he is supposed to act on the advice of the State’s Council of Ministers, except in limited cases.

Understanding Article 200

• Article 200 explains what a Governor can do when a Bill is passed by the Assembly.

• The Governor can either approve it, return it for reconsideration, or reserve it for the President.
• The Union argued that the Governor could withhold assent without explanation — a kind of pocket veto.
• But the Court rejected this, based on a previous case, stating that there is no such independent power.

Discretionary Powers and Judicial Review

• • The Court listed only three rare situations where the Governor can act without advice:
    • If a Bill affects the powers of a High Court.
    • If the Constitution requires the President’s approval (e.g., under Article 31C).
    • If a Bill goes against core constitutional values.

• Even then, the Governor’s actions can be reviewed by courts, since Article 361 protects the Governor personally but not his decisions.

Court’s Final Decision Using Article 142

• The Court found the Governor’s actions unconstitutional.

• It could have ordered the Governor to approve the Bills, but that would be hard to enforce.
• Instead, using its power under Article 142, the Court declared that the 10 Bills were deemed to be approved from the date they were re-submitted.

Conclusion

• • This decision not only resolved the issue with the Bills but sent a strong message.

• It confirmed that the Governor must work with the State government and uphold democracy.

• The office of the Governor is meant to protect the Constitution, not create political conflicts. 

PYQ: Discuss the essential conditions for exercise of the legislative powers by the Governor. Discuss the legality of re-promulgation of ordinances by the Governor without placing them before the Legislature. (250 Words /15 marks) (UPSC CSE (M) GS-2 2022)

Practice Question:  The recent Supreme Court judgment on the role of the Governor in withholding assent to State legislation reaffirms the principles of cooperative federalism and constitutional accountability.” Critically examine in the context of Article 200 and the powers of the Governor. (250 Words /15 marks)

Read more – 12 April 2025 : The Hindu Editorial Analysis