New Delhi: In a significant legal development, the Supreme Court has agreed to scrutinize the role of Governors in the legislative process, particularly regarding their power to reserve Bills for presidential consideration. The case, brought forth by the State of Kerala, contends that the Governor’s actions undermine the federal structure of the Constitution by involving the President—who acts solely on the advice of the Union Cabinet—in matters that fall squarely within the State’s jurisdiction.
Kerala’s petition highlights a situation where its Governor delayed processing several Bills for up to two years before referring seven of them to the President. The crux of the argument is that the President, who has no discretionary power and relies entirely on the aid and advice of the Centre, subsequently withheld consent on four of these Bills. None of these Bills pertained to Centre-State relations, yet the Centre’s involvement in their fate has raised concerns about potential interference in State legislative affairs.
Chief Justice D Y Chandrachud noted that the Governor’s authority to reserve a Bill for the President’s consideration is narrowly defined under Article 213 of the Constitution, applicable only in specific circumstances. The Court will investigate whether the practice of delaying Bills and referring them to the President, who then acts on the advice of the Union Government, constitutes a breach of federal principles by enabling undue Union influence over State legislation.
The State of Kerala has argued that the Centre’s actions, including the withholding of assent without explanation, amount to an intrusion into matters exclusively within the State’s legislative domain. The Supreme Court has scheduled the next hearing for August 20 to further examine the conditions under which Governors can refer Bills to the President and the implications for federalism.
This case underscores the ongoing debate over the balance of power between the Union and State governments and the role of constitutional authorities in maintaining the integrity of federal governance.
