The Hindu Editorial Vocabulary– Mar 18, 2023; Day 412

Endless delay: On the conduct of Governors and legislative agenda

Constitutional functions should not be held hostage (a person given or held as security for the fulfillment of certain conditions or terms, promises, etc., by another) to personal differences

The frequency with which the conduct or inaction of Governors comes up for judicial scrutiny (The act of examining something closely (as for mistakes)) reflects poorly on the state of relations between incumbents (Currently holding an office) in Raj Bhavans and the respective Chief Ministers. The Supreme Court will soon hear an extraordinary petition from the Telangana government, seeking a direction to the Governor, Dr. Tamilisai Soundararajan, to grant assent to Bills passed by the State Assembly. Recently, the apex court disposed of (Deal with or settle) a petition from the Punjab Government that was aggrieved (Angry or resentful due to unfair treatment) by an alleged (Make an accusation or assertion without any proof) delay in the Governor summoning the Assembly. The matter was resolved when it was submitted on behalf of the Governor that the Assembly would meet on the day desired by the State government. In earlier decades, a petition seeking a direction to Governors or questioning their inaction on constitutional matters would have been thrown out at the threshold (at the beginning of something or very close to something (such as a new condition, an important discovery, etc.)) itself. However, such is the extent to which the gubernatorial (Relating to a governor) office is being overtly politicised by those holding it that courts may now be constrained (Compel to behave in a certain way) to examine whether such inaction is justified. One sees a disturbing tendency in recent years of some Governors making use of the absence of a time-frame in the Constitution to indefinitely delay decisions. This tactic (A plan for attaining a particular goal) effectively stalls (Deliberately delay an event or action) the elected regime’s legislative agenda.

The conflict between Raj Bhavan and the Chief Minister’s office witnessed in several States is quite acute (Of critical importance and consequence) in Telangana. Dr. Soundararajan has alleged that she is being boycotted (Refuse to sponsor; refuse to do business with) by Chief Minister K. Chandrashekar Rao and that her queries are not being answered. The State government, for its part, is apparently upset that she may be trying to act independent of the Cabinet. A recent tweet from her account the day after the State government went to court — conveying a message that Raj Bhavan was closer than Delhi — indicates that her stand is linked to her view that the government is unfriendly and discourteous (Showing no courtesy; rude). These considerations ought not to matter on constitutional issues. The Governor can either grant assent (Agreement with a statement or proposal to do something) to a Bill or decline it, or reserve it for the President’s consideration. In suitable cases, it may also be returned for reconsideration. However, none of this should be based on the Governor’s personal view on the Bill’s content. One can understand an occasional query if any Bill seemingly violates fundamental rights, but a relevant question that requires an authoritative pronouncement (An authoritative declaration) from the court is whether the Governor should decide on its legality or the legislature’s competence each time a Bill is presented for assent. As the Supreme Court remarked recently, dialogue between constitutional functionaries should not become a race to the bottom (a situation characterized by a progressive lowering or deterioration of standards, especially (in business contexts) as a result of the pressure of competition). Constitutional functions should not be held hostage to political and personal differences.

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