CJI BR Gavai: Court Cannot Remain Powerless If Governors Withhold Bills Indefinitely

During the ongoing hearing on 14 questions raised by the President regarding setting a time limit for Governors and the President to approve bills, Solicitor General (SG) Tushar Mehta argued that elected representatives have significant experience and should not be underestimated.

Representing the Centre, Mehta said, “Elected people directly face the public. Today, voters are aware and actively question their representatives. Unlike 20–25 years ago, legislators can no longer be taken lightly.”

CJI BR Gavai Clarifies Judiciary’s Stand

Chief Justice of India (CJI) BR Gavai, who is leading the Constitution Bench, clarified that the court has never undermined elected representatives.

He remarked, “I have always said judicial activism should not turn into judicial terrorism.”

The Constitution Bench hearing the matter includes CJI Gavai, Justice Surya Kant, Justice Vikram Nath, Justice PS Narasimha, and Justice Atul S Chandurkar. The next hearing is scheduled for August 26.

Mehta strongly opposed the idea of the court fixing a judicial time limit for Governors and Presidents to decide on bills. He argued that political issues should be resolved politically, not through judicial deadlines.

Responding to this, CJI Gavai asked, “If a Governor indefinitely withholds a bill, should the court remain powerless? If something is wrong, a solution must exist”.

Justice Narasimha added that the court should establish a process even if fixing a strict timeframe is not feasible.

SG Explains Constitutional Options for Governors

SG Mehta elaborated on the discretion Governors enjoy under Article 200 of the Constitution, stating they have four independent options:

• Give assent- making the bill a law.
• Withhold assent- an independent choice.
• Reserve the bill- for the President’s consideration.
• Return the bill- with or without suggestions for reconsideration.

He emphasised that all these options are independent and available to Governors.

He also raised the question of whether Governors are bound by the aid and advice of the Council of Ministers while exercising these powers.

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