New Delhi: The Supreme Court on Friday made it clear that Governors cannot justify keeping bills pending for as long as six months without action. The sharp observation came during a hearing on the President’s reference regarding the powers of Governors and the President over state legislation.
Appearing for the Centre, Solicitor General Tushar Mehta argued that states cannot file writ petitions claiming violation of fundamental rights against Governors or the President, citing Article 361, which shields them from judicial scrutiny. He insisted that one constitutional authority cannot direct another to act simply because of alleged inaction.
Chief Justice B.R. Gavai, however, pushed back: “If this court itself does not decide a matter for 10 years, and the President issues an order, would that be justified? The framers of the Constitution intended for decisions to be taken expeditiously. Can we ignore their expectations?”
The case, arising in the backdrop of the Tamil Nadu judgment prescribing time limits for Governors, is now before a Constitution Bench to settle the scope of executive powers and accountability.
