Supreme Court’s Landmark Ruling on Governor’s Powers
In a historic judgment, the Supreme Court of India has clarified the constitutional limits of a Governor’s authority, resolving 14 critical questions referred by President Droupadi Murmu. A Constitution Bench led by Chief Justice DY Chandrachud ruled that Governors must act as “constitutional facilitators,” not “omnipotent authorities,” and are bound by the advice of elected state governments.
Why Did the President Seek the Supreme Court’s Opinion?
Rising conflicts between Governors and Opposition-ruled states (Kerala, Tamil Nadu, West Bengal) prompted the reference under Article 143. Key issues included:
– Delays in approving state bills.
– Arbitrary withholding of assent.
– Discretionary powers in summoning/dissolving assemblies.
The Centre sought clarity to ease federal tensions and ensure smoother governance.
Top 5 Key Questions Answered by the SC
- Bill Assent Delays – Governors cannot indefinitely withhold bills. A 6-month limit is suggested for “reasonable time.”
- Withholding vs. Returning Bills – Must provide constitutional grounds; re-passed bills by legislature are binding.
- Summoning/Dissolving Assemblies – Only on the advice of the Council of Ministers, no personal discretion.
- Appointing Ministers – Requires Chief Minister’s recommendation.
- Reserving Bills for President – Only if unconstitutional or against national interest—not political bias.
Federalism & Governor’s Role: What the SC Said
The Court reinforced that Governors are not “Union agents” but neutral constitutional figures. Citing precedents like Shamsher Singh v. Union of India (1974), it stressed that discretionary powers are narrow and exceptional.
Political Reactions & Future Implications
- Opposition States: Hailed the verdict as a “win for democracy” (Kerala CM Pinarayi Vijayan) and a curb on “authoritarian overreach” (TN CM MK Stalin).
- Legal Experts: Warn that enforcement is crucial—Governors may test boundaries.
What’s Next?
- States may petition courts if Governors defy the ruling.
- Centre likely to issue fresh guidelines aligning with the SC’s interpretation.
Conclusion
This verdict safeguards India’s federal structure, ensuring Governors respect elected governments. It marks a significant step toward accountability and constitutional morality.
