Question 2GS2GS2
The Supreme Court, in a recent verdict, prescribed a time period for the Governor's assent to state legislative bills. What are the implications of this judgement for cooperative federalism and legislative accountability in India? (Answer in 150 words)
Main Body
The Supreme Court in the Tamil Nadu Governor case (2023) has prescribed time period on the gubernatorial assent of the governor. It had led to debate around legislative accountability & separation of powers.
Implication of the judgement
A) On Cooperative federalism:
1Focusing on cooperative spirit between Governor and legislature
2Delays of assent by Kerala governor on Kerala university bills
2Guidelines and strict timeline of 1 month to assent for governor has been set to avoid delay.
3However, questions have been raised if Supreme Court has authority to decide timeline for President (formally) in case of Presidential referral
4Constitutional discretion of Governor has been limited
B) Legislative accountability
1Upholding spirit of democracy - as governor should act on aide advice of Council of ministers
2Deemed assent in case of referral - taking an assent veto without complying merit
3Governor being nominal head, doesn't have discretion free legislature
4Questions raised on some separation of powers of judicial oversight.
5Raised by Suma VP Jagdeep Dhankar
172 words14 paragraphs
Conclusion
The case handled to Presidential referral to SC on question of setting timelines for President refused into Constitution Bench.
19 words
Examiner score
1.25/10Open original scan
Page 7
Topper
ADITYA NARAYAN H
AIR 68
Subject & Paper
GS2GS2
Topic
Federal Structure - Functions, Responsibilities, Devolution of Powers and Finances
Federalism
Centre-State Relations
Writing Stats
191
Total words
14
Paragraphs
analytical
Tone