Supreme Court Weighs Limits on Governor's Discretion Over State Bills

The Supreme Court of India is currently deliberating on the extent to which state governors can exercise discretion over bills passed by state assemblies. The Telangana government, represented by senior advocate Niranjan Reddy, argues that governors are ordinarily obligated to follow the advice of the council of ministers, except where a minister or the Chief Minister is implicated in a criminal case.

A five-judge Constitution bench, headed by Chief Justice of India BR Gavai, is examining a Presidential reference to determine if there exists any inherent bias when governors delay assent or reservations on bills. The court's attention was drawn to a similar case in Tamil Nadu, where the governor hesitated on a bill to remove him as chancellor of state universities.

The contentious point under review is whether timelines can be imposed on governors under Article 200, which governs the assent process. Various states have opposed the indefinite withholding of assent, pressing the court for a finite timeline of three months. The ongoing hearing seeks to resolve 14 questions referred by President Droupadi Murmu concerning the boundaries of gubernatorial discretion and judiciary-imposed deadlines.

(With inputs from agencies.)