Supreme Court Questions Limits of Judicial Intervention in Governor’s Legislative Functions

In a significant development, the Supreme Court of India has questioned the limitations of its powers in response to Tamil Nadu’s defense of the apex court granting deemed assent to bills delayed by state governors. During a hearing on Tuesday, a five-judge bench posed a critical query: if the Court can grant assent to delayed bills, why shouldn’t it also have the authority to perform other gubernatorial duties, such as returning a bill to the legislature or reserving it for the President’s consideration? This statement underscores a broader judicial inquiry into the scope of the judiciary’s intervention in constitutional functions typically handled by a state’s governor, especially in the context of perceived executive delays.

Governor’s Role Under Scrutiny:
The Constitution of India outlines specific functions for the governor, including granting assent to bills passed by the state legislature. However, delays in the governor’s assent have been a point of contention, particularly in opposition-ruled states. The Supreme Court’s inquiry suggests a potential expansion of its role in ensuring legislative efficacy, raising questions about the balance of power between the judiciary and the executive.

Implications for State Governance:
The Court’s probing questions reflect ongoing tensions between state governments and governors, especially in states governed by opposition parties. Delays in bill approvals have led to criticisms of the governor’s role as a potential impediment to legislative processes. The Supreme Court’s stance may pave the way for a reevaluation of the governor’s functions and the extent of judicial intervention in state governance.

Conclusion:
The Supreme Court’s recent remarks highlight the evolving dynamics between the judiciary and the executive in India’s federal structure. As the Court continues to examine the scope of its powers concerning gubernatorial functions, the outcome may redefine the balance of authority between state governors and elected governments, with significant implications for the legislative process in India.