Supreme Court’s decision on the role of Governor will stop undemocratic delays: KM Joseph

KOCHI: Former judge of Supreme Court Justice K M Joseph has said that the recent decision of the apex court to set a time limit for governors to act on bills is justified. It will prevent undemocratic delays and uphold federalism and the rule of law, he said.

“The court’s ruling, which allows for judicial review of gubernatorial actions, is a significant contribution to democracy. The court’s decision to require governors to remit bills back to the assembly for reconsideration when withholding assent is a positive step towards ensuring accountability,” said Justice Joseph.

He was speaking at a seminar on the ‘Role of judiciary in the matter of powers of governors’ organised by All India Lawyers’ Union Kerala state committee in Kochi on Saturday. Justice Joseph further said that the Supreme Court has clarified the roles of the governor and President in the legislative process, emphasising the need for transparency and accountability. “It has ruled that governors must provide reasons for their actions, even if not explicitly stated in communication, and that the President should seek an advisory opinion from the court in certain cases. The court has also emphasised the distinction between judicial review and justiciability, clarifying that no discretion is unreviewable in a written constitution,” he said.

The concept of judicial review, asserted by the Supreme Court, is under attack from the legislature and executive, who claim supremacy. This attack aims to manufacture public support for authoritarianism, he added.

The SC’s interpretation of “withholding assent” as a means of referring a bill to the assembly is criticised for potentially undermining the democratic process. This interpretation, which allows the governor to effectively deny assent by withholding it, could lead to delays in the legislative process. While the court’s decision may be seen as a creative interpretation, it is argued that it could result in a situation where the governor, influenced by political considerations, effectively vetoes legislation passed by the elected assembly, he said.

Advocate N Anilkumar, joint secretary of AILU state committee, among others, attended.