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 judgment for cooperative federalism and legislative accountability in India? (Answer in 150 words)
Main Body
In Tamil Nadu governor case, Supreme court fixed time period of 1 month for governor to decide on assent to bills and 3 months for president to decide on bills referred to him by governor. Implication of this judgement on A Pave Cooperative federalism - Provides Goverance to act within the spirit of Article 163 i.e at an aid and advise of council of ministers. B Reduce centre-state tussle over reservation of bills. C Tamil Nadu Centre. (3) Upheld principles of democracy i.e will of the people is reflected by legislatures.
Negative: Further litigation in case instead of setting disputes amicably D Presidential reference sought under Article 143. E legislative accountability - governor can't decide on merit of the bill - has to give assent - may pass undemocratic legislations. F Reservation in private sector - erode rule of law legislature may webs freedom of speech and reporters in laws Violation of delegation of powers - judicial legislation activism by judiciary. The judgement gestures federal equilibrium but questions have been raised on issue of judicial activism.
Conclusion
The judgement gestures federal equilibrium but questions have been raised on issue of judicial activism.
15 words
Pawan Kumar Pandey
Federal Structure - Functions, Responsibilities, Devolution of Powers and Finances
Federalism
Centre-State Relations and Governor's Powers
191
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