CPI(M) says SC advisory on Governor’s powers ‘disappointing’

The Communist Party of India (Marxist) has expressed strong disappointment over the Supreme Court’s advisory opinion on the powers of Governors under Article 200 of the Constitution.

In a statement, the party’s Polit Bureau said the opinion will only encourage the “assault on the rights of states” due to the over-centralisation of powers in the hands of the Centre.

Advertisement

“The Supreme Court’s advisory opinion… is disappointing. It will not in any way check the assault on the rights of states that is ongoing due to the over-centralisation of powers in the hands of the Centre,” the statement read.

The party took particular exception to the suggestion that Governors have discretionary powers in dealing with bills passed by state legislatures and that no time limits can be set.

“By stating that Governors have discretionary powers… the opinion will only encourage the extra-constitutional powers Governors are exercising in opposition-ruled states,” the CPI(M) said.

The party also criticised the suggestion that a Governor is not bound to give assent to a bill adopted a second time by a state legislature, saying this could lead to indefinite delays. “The Governor can instead refer the bill to the President and thereby get it indefinitely delayed,” the statement said.

The CPI(M) welcomed the limited relief given by the Supreme Court, which allows for judicial intervention in cases of prolonged inaction by Governors on pending bills. However, it described this as “ambiguous and vague” due to the lack of definition on what constitutes prolonged inaction or delay.

The party concluded that 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.”