SC Sets Timelines for Governors and Speakers

Why in the News ?

The Supreme Court has addressed constitutional silences by mandating time limits for Governors to act on Bills and for Speakers to decide disqualification petitions. These directives aim to prevent misuse of power and uphold democratic accountability in States.

Background: Governors and Constitutional Silence

  • The Constitution doesn’t specify time limits for Governors to decide on Bills.
  • This has led to deliberate delays, especially in non-BJP ruled states like Tamil Nadu, Punjab, Kerala, and West Bengal.
  • In State of Punjab vs Principal Secretary to Governor, SC reaffirmed that real power lies with elected representatives in a democracy.
  • Governors were often seen acting as political rivals rather than neutral constitutional heads.

Supreme Court Mandates Time Limit

  • On April 8, 2025, SC Bench of Justices Pardiwala and Mahadevan ruled that Governors must decide within 3 months whether to withhold assent or refer Bills to the President.
  • Non-compliance could lead to judicial action, shifting the court’s approach from mere advisories to enforceable timelines.
  • This decision is a significant extension of earlier rulings that urged timely action without enforcing deadlines.

Anti-defection Law: Delay by Speakers

  • On April 3, 2025 SC criticized the Telangana Speaker for delaying disqualification of MLAs under the Tenth Schedule.
  • Justice Gavai suggested setting specific deadlines for Speakers, referencing the 2020 Keshab Megha chandra Singh case, which proposed a 3-month limit.
  • Delays threaten to reduce the anti-defection law to a “mockery,” undermining legislative integrity.

Constitutional Obligations and Governor’s Role :

●  Constitutional Values: Governors must uphold parliamentary democracy and act as neutral arbiters, promoting consensus and wise conflict resolution.
●  Oath of Office: They pledge to preserve, protect, and defend the Constitution, serving the state’s citizens.
●  Article 200: On receiving a Bill, the Governor can:
○  Grant assent
○  Withhold assent
○  Return for reconsideration
○  Reserve it for the President
●  Article 201: If reserved, the President may assent, withhold, or return the Bill.
● Article 207: Money Bills need the Governor’s recommendation before being introduced.