FPJ Analysis: Supreme Court Bats For Federation, Constitution

A Supreme Court (SC) order on the limits of gubernatorial power passed on April 8 has struck a powerful and much-needed blow in favour of both federal principles and constitutional values. In a case filed by the Tamil Nadu government against the governor, R.N. Ravi, the SC ruled that governors could not withhold assent to legislation passed by the legislatures indefinitely because they should be guided by constitutional values rather than political expediency. It underlined the need for governors to respect the will of the people as expressed by state legislatures. Ravi had delayed the enactment of 10 bills, one of them for over five years. The court set a timeline for giving assent, saying if it has to be given, it has to be given within a month. In the case of bills returned to the government for reconsideration and sent back to the governor, he or she must again give assent within a month. This plugged a certain vagueness in the Constitution, which only specifies that governors have to provide assent as soon as possible. The immediate fallout of the judgement was that assent was deemed to have been given to all the bills on which Ravi had been sitting. The judgement has set the terms for the resolution of similar disputes between governors and governments in several opposition-ruled states, most notably Kerala and West Bengal. Tamil Nadu chief minster M.K. Stalin rightly hailed the judgement as a victory for all states.

Gubernatorial overreach is not a new problem. It emerged as a serious concern during the prime ministerial tenure of Indira Gandhi, especially in the 1970s. But over the past decade the problem has assumed frightening dimensions, as the current regime has launched an all-out attack on federal principles by weaponising institutions it has undermined, compromised and emasculated. Governors have been emboldened to overstep their constitutional remits in an attempt to hamstring state governments, especially in states where the Bharatiya Janata Party has been desperate to bring about regime change but does not have the political heft to do so. It is arguable that the problem is rooted in the decision to institute a strong centre and a relatively weak form of federalism at the time of the drafting of the Constitution and the shaping of the post-colonial polity. There were urgent circumstances, including partition, that dictated the choices made, but it is arguable that many, pre-eminently BR Ambedkar, had a retrospectively misplaced belief in the good faith of the governing classes. At this time, however, it is absolutely critical that federal structures and principles be strengthened. The states must continue their fight towards this objective, and they need the support of the judiciary to be successful.