Centre's Resolute Defense: Governors Are Vital Constitutional Checks, Not Outsiders, SC Told

In a significant legal submission before the Supreme Court, the Union government has mounted a robust defence of the Governor's constitutional position, asserting that they are not detached 'aliens' but rather indispensable custodians acting as vital checks against potentially 'hasty' state legislation.

This firm stance came as the apex court continues to scrutinize delays by Governors in assenting to bills passed by state legislatures, a matter that has sparked considerable debate on federal relations.

The Centre's affidavit, submitted by the Principal Secretary to the Governor of Punjab, argued that the Governor's role is critical in preventing the 'tyranny of the majority' and ensuring that state laws align with the constitutional framework.

Far from being mere ceremonial figures, Governors serve as the crucial link between the state and the Union, embodying a bulwark against arbitrary or ill-conceived legislative actions by state governments.

The government's argument highlighted that gubernatorial review is an essential element of the constitutional scheme of checks and balances.

It was emphasized that a Governor's decision to withhold assent or refer a bill to the President is not arbitrary but is rooted in specific constitutional considerations. These include instances where a bill pertains to subjects on the Concurrent List, impacts national interest, or directly conflicts with existing central laws.

This submission directly addresses the Supreme Court's earlier pointed queries regarding the prolonged delays in decision-making by Governors, which have been a point of contention for several states.

The Centre unequivocally stated that Governors are not 'rubber stamps' and their due diligence in scrutinizing legislation, even if it leads to delays, is a necessary function to uphold the rule of law and the spirit of cooperative federalism.

The ongoing legal battle was initiated by the State of Punjab, challenging the perceived inaction of its Governor.

However, the issue resonates across various states, with Kerala and Tamil Nadu also vocalizing similar concerns about the delays in their respective Governors granting assent to crucial bills. The Centre's defence underscores the delicate balance of power inherent in India's federal structure and the pivotal, often understated, role played by Governors in maintaining constitutional propriety and governmental accountability.