Kerala Government Withdraws Plea
Against Governor’s Bill Assent Delay
The Supreme Court has permitted the Kerala government to withdraw its petitions that challenged the Governor’s delay in assenting to Bills. This decision comes in light of a recent constitutional ruling by the Supreme Court itself, which addressed the legal validity of such delays.
Key Highlights:
The Supreme Court (SC) allowed the Kerala government to withdraw its petitions.
These petitions challenged the Governor’s delay in granting assent to Bills passed by the State Assembly.
The SC’s decision referenced a recent constitutional ruling, which clarified the legal validity regarding such delays.
Executive-Legislature Relations:
This issue highlights the dynamic and sometimes contentious relationship between the state executive (Governor) and the state legislature (State Assembly).
The Governor, as the constitutional head, plays a crucial role in the legislative process by assenting to Bills.
Checks and Balances:
The Governor’s power to withhold assent, return a Bill, or reserve it for the President’s consideration is a part of the checks and balances in India’s federal system.
Judicial Review:
The Supreme Court’s involvement underscores its role as the interpreter of the Constitution and the ultimate arbiter in disputes between constitutional functionaries.
About Governor’s Powers (Article 200 & 201):
Article 200 of the Indian Constitution deals with the Governor’s assent to Bills. The
Governor can:
- Give assent to the Bill.
- Withhold assent from the Bill.
- oReturn the Bill to the Legislature for reconsideration (except money bills).
- Reserve the Bill for the consideration of the President.
Article 201 deals with Bills reserved for the President’s consideration. The President can then assent, withhold assent, or return the Bill to the state legislature (with a time limit for reconsideration).
Assent to Bills:
A Bill passed by a State Legislature becomes an Act only after receiving the Governor’s (or President’s) assent.
Constitutional Validity:
Refers to whether an action, law, or decision conforms to the provisions and spirit of the Constitution of India.
Federalism in India:
The Indian political system is commonly described as a quasi-federal structure. This means it exhibits characteristics of both a federal system and a unitary system.
Key federal features include a clear division of powers between the Union (central) government and the State governments. This division is primarily outlined in the Seventh
Schedule of the Constitution, which contains three lists:
The Union List (subjects on which only the Parliament can legislate).
The State List (subjects on which only State Legislatures can legislate, under normal circumstances).
The Concurrent List (subjects on which both the Union and State governments can legislate, with Union law prevailing in case of conflict)
Supreme Court’s Role
The Supreme Court is the highest judicial body and the final interpreter of the Constitution in India.
It handles disputes between states and the Union, and between constitutional authorities.
The Court also provides authoritative interpretations of constitutional provisions, as seen in its rulings on the Governor’s p The Supreme Court has permitted the Kerala government to withdraw its petitions that challenged the Governor’s delay in assenting to Bills. This decision comes in light of a recent constitutional ruling by the Supreme Court itself, which addressed the legal validity of such delays
Key Highlights:
The Supreme Court (SC) allowed the Kerala government to withdraw its petitions.
These petitions challenged the Governor’s delay in granting assent to Bills passed by the State Assembly.
The SC’s decision referenced a recent constitutional ruling, which clarified the legal validity regarding such delays.
Executive-Legislature Relations:
This issue highlights the dynamic and sometimes contentious relationship between the state executive (Governor) and the state legislature (State Assembly).
The Governor, as the constitutional head, plays a crucial role in the legislative process by assenting to Bills.owers, ensuring adherence to constitutional limits