[Marxistindia] Supreme Court Advisory on Governor's Role Disappointing

[news from the cpi(m)]

November 22, 2025

 

Press Statement

 

The Polit Bureau of the Communist Party of India (Marxist) has issued the
following statement:

 

Supreme Court Advisory on Governor's Role Disappointing

 

The Supreme Court's advisory opinion on the Presidential reference regarding
the powers of Governors under Article 200 of the Constitution, is
disappointing. It will not in anyway check the assault on the rights of
states that is ongoing due to the over-centralisation of powers in the hands
of the Centre. By stating that Governors have discretionary powers in
dealing with bills passed by the state legislature and no time limits can be
set, the opinion will only encourage the extra- constitutional powers
Governors are exercising in opposition-ruled states.

 

Particularly retrograde is the suggestion that the Governor is not bound to
give assent to a bill which has been adopted a second time by the state
legislature after it was sent for reconsideration by the Governor. The
Governor can instead refer the bill to the President and thereby get it
indefinitely delayed. The only relief given is that in the face of a
prolonged inaction by the Governor on a pending bill, there can be limited
judicial intervention. This too is ambiguous and vague, since there is no
definition as to what constitutes prolonged inaction or delay. 

 

The Supreme Court advisory is thus devoid of any constitutional checks and
balances on the arbitrary functioning of Governors who are acting as
political agents of the Centre.

 

 

Muralidharan

(For CPI(M) Central Committee Office)

 

 

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