CPI(M) Terms Supreme Court Advisory on Governors’ Powers ‘Disappointing’

New Delhi: The Polit Bureau of the Communist Party of India (Marxist) has criticised the Supreme Court’s advisory opinion on the Presidential reference concerning the powers of Governors under Article 200 of the Constitution, calling it “disappointing” and inadequate to protect the rights of states.

In its advisory, the Supreme Court held that it cannot prescribe a fixed time frame for Governors to act on bills passed by state legislatures. Judicial intervention, the court said, is possible only when there is “significant” or “unreasonable” delay in dealing with pending bills.

The CPI(M) said the lack of a time limit and the recognition of certain discretionary powers would “only encourage” what it described as the extra-constitutional interventions of Governors, particularly in Opposition-ruled states. The party noted that several states, including Kerala and Tamil Nadu, have raised concerns over Governors holding back bills passed unanimously by the Assembly for long periods.

The Polit Bureau termed as “particularly retrograde” the advisory that a Governor is not bound to give assent even if a bill is passed a second time by the legislature after reconsideration. The party said the option of referring such bills to the President allows them to be “indefinitely delayed.”

While the advisory acknowledges that courts may intervene in cases of prolonged inaction, the CPI(M) said this relief is “ambiguous and vague,” as the judgment offers no clear definition of what constitutes prolonged delay.

“The Supreme Court advisory is devoid of any constitutional checks and balances on the arbitrary functioning of Governors who are acting as political agents of the Centre,” the Polit Bureau said.