A setback for federal structure

Thursday’s ruling of the Supreme Court describing the “deemed assent” to 10 bills of the Tamil Nadu government impermissible by its own two-judge bench on April 8, is likely to be seen as a setback to the federal structure of the polity.

It provides the scope to be seen as a reassertion of the powers of the President and the Governors of the states. The ruling, coming as it does from a five-judge bench, which included Chief Justice B. R. Gavai and chief justice-designate Surya Kant, will be debated for long as it deems ruling by the two-judge bench as “usurpation of the gubernatorial functions of the Governor” and also the powers that are specifically assigned to the President.

The sole saving grace for those who had hailed the April 8 ruling is the bench’s opinion that the courts can direct the governors to decide about the assent to the bill within a reasonable time frame.

The earlier bench’s ruling though came as a relief to the governments in the states ruled by the Opposition, caused discomfort on two counts: 1-The Supreme Court had declared the 10 bills passed with ‘deemed consent’ of the Governor as they had stayed with the Governor for too long, attracting the charge that gubernatorial office was blocking the development of the State sitting over them; 2- The ruling was interpreted as virtual takeover of the executive function by the judiciary which the 5 judge bench described as impermissible.

Given the fact that smooth functioning of a government is predicated on a fine balance of authority between the Centre and the States, the two sides would require restraint in perceiving the latest ruling to be a triumph or debacle for their side of the argument.

Governors in several states have been seen as the representatives of the Central Government going by the tendency to delay, dilly-dally or prevaricate in matters of passing the bills, mainly in the states ruled by the opposition parties.

Governors should act as helpers rather than a hindrance in the conduct of legislative business by the states.