The Governor’s Discretion In Assent To State Bills: Constitutional Limits And Judicial Review
Ms Sneha Priya, LL.M. (Intellectual Property), Amity University, Noida, Uttar Pradesh, India.
ABSTRACT
The Governor occupies an important position in India’s constitutional structure as the constitutional head of the State, functioning alongside an elected State Legislature and Council of Ministers. The Governor’s role becomes especially relevant when the State Legislature passes a Bill and presents it for assent. The Constitution sets out the courses available to the Governor at this stage and also provides for the role of the President where a Bill is reserved for consideration. The exercise of these powers raises questions about the relationship between the Governor and the elected Legislature and about the working of India’s parliamentary and federal system.
A central concern is the absence of a fixed period within which the Governor is required to act on a Bill presented for assent. It raises a further question concerning the power of the courts to review such delay or inaction. In particular, the issue is whether judicial review can be used to ensure that the constitutional process is not delayed, while still respecting the limits imposed by the separation of powers.
This paper examines the Governor’s discretion in dealing with Bills passed by the State Legislature, with particular focus on the scope and limits of judicial review. The paper argues that the Governor’s discretion is a constitutional power and cannot be treated as an unrestricted personal authority. Its exercise must accord with responsible government, federalism and democratic accountability. At the same time, judicial review must remain within the limits of separation of powers and should not result in the courts taking over a function entrusted to the Governor. The paper therefore argues for judicial scrutiny where the Governor’s delay or inaction becomes constitutionally unreasonable, while ensuring that such scrutiny does not replace the Governor’s constitutional role or interfere with the legislative autonomy of the State.
Keywords: Governor’s Assent, State Bills, Gubernatorial Discretion, Judicial Intervention, Constitutional Supremacy.
