Governors sitting on Bills is a dangerous scribbling of the ‘grammar of anarchy’
It does not bode well for federalism and democracy in India that the Supreme Court has to intervene in the routine procedure of governors clearing the Bills passed by state assemblies, writes S.N. Sahu.
Published on: 13 November 2023, 02:24 pm
It does not bode well for federalism and democracy in India that the Supreme Court has to intervene in the routine procedure of governors clearing the Bills passed by state assemblies, writes S.N. Sahu.
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A Supreme Court Bench comprising the Chief Justice of India Dr D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra, in its Order of November 9, 2023, disapproved Punjab Governor Banwarilal Purohit's stand not to give assent to some Bills passed by the state assembly.
Purohit has earlier questioned the validity of the assembly session, a move which the Supreme Court described as "playing with fire".
It also categorically indicted Purohit by observing that "any attempt to cast doubt on the session of the legislature would be fraught with great perils to democracy".
While reiterating the Constituent Assembly's intent embodied in the constitutionally enshrined provisions that "in a parliamentary form of democracy, real power rests with the elected representatives of the people" and the "governor, as an appointee of the President, is the titular head of the state", the Bench made it crystal clear in its Order that "casting doubt on the validity of the session of the House is not a constitutional option open to the governor".