CJI Gavai Questions Governors’ Control Over Elected Governments

CJI Gavai-led bench said interpreting that a Bill “dies” when the Governor first withholds it would be counterproductive to both the Governor’s power and the legislative process.

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CJI Gavai: Can an Elected Govt Function at Governor’s ‘Whims and Fancies’?

The Supreme Court bench hearing the Presidential reference asked the government Wednesday whether an elected government can be placed at “the whims and fancies of the Governor” by vesting him/her with the power to withhold a Bill forever.

“But then would we not be giving total powers to the Governor to sit in appeals?… The government elected by majority will be at the whims and fancies of the Governor,” Chief Justice of India B R Gavai asked Solicitor General Tushar Mehta who appeared for the Centre.The bench said that to interpret that the Bill “dies” the first time the Governor withholds it “would be counterproductive to the power of the Governor and counterproductive to the legislative process”.

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Governor Not Just a ‘Postman’, Centre Tells SC

|Delving into the contours of the Governor’s discretionary powers under Article 200 of the Constitution, Mehta told the bench. It is not an asylum for retired politicians but has its own sanctity which was debated in the Constituent Assembly. He said the Governor, though unelected, represents the President and is not just a postman to mechanically approve Bills. A person who is not directly elected is not a lesser person. Addressing the bench which included Justices Surya Kant, Vikram Nath, P S Narasimha and A S Chandurkar, Mehta. They said the Governor has the option to grant assent to a Bill referred by the state legislature, withhold assent, refer it to the President. If in case of repugnancy with any Central law or return it to the state legislature for reconsideration.

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