SD

Samiksha DwivediAIR 56

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)

Open scan (p.8)

Main Body

In case State of Tamil Nadu vs Governor SC used extraordinary power under Article 142 to do complete justice. Results of judgement: Time limit -> 3months -> President's consideration, 1 month for assent, 1 month for optional Mandasmnas on Governor Notifi Tamil Nadu's 18 laws No pocket retg Implications of the judgement Clarified judicial Activism - clarified Article 200 of constitution to stoppreme misuse Uphold federalism - notifying laws pending since 1-2 years Milestone judgement - precedent for action against Governor's arbitrary in Kerala, Punjab

Mandamas - Took Governor's power of pocket veto and has power to withhold Return/Reconsideration People's legitimacy - Advanced rights of legitimately elected government Premium recommendations - UKREWC Carlssia & Punjab also supposed timeline in reasons for withholding delay in assent Judicial Activism - Blackbox & Low accountability judgment -> Debates respect -> suggested Governor's & president's experience compounded issue Speedent for future cases against Governor (Compulsory in Measuring) However, it shows Governor too active or too inert is antithetical to Indian federalism & should act as agent of constitution without controversy

176 words1 paragraphs

Topper

Samiksha Dwivedi

AIR 56

Subject & Paper

GS2GS2

Topic

Federal Structure - Functions, Responsibilities, Devolution of Powers and Finances

Federalism

Governor's Powers and State Legislative Relations

Writing Stats

176

Total words

1

Paragraphs

Academic

Tone