Constitutional Punctuality

Context: 

In the light of recently passed resolution by the Tamil Nadu Legislative Assembly seeking to provide for a time frame for Governors to act on Bills passed by the State Legislature, a new constitutional architecture should be evolved that would deliver on the demands for a time bound constitutional delivery mechanism.

What is the resolution about? 

• Tamil Nadu Legislative Assembly urged the Union Government and President to advise the Governor to decide on the bills passed by the State Legislatures within a reasonable time period. 
• The resolution, proposed by the Chief Minister, M.K. Stalin, argued that it was important to protect the sovereignty of the Legislatures and, ultimately, safeguard parliamentary democracy.

Idea of Constitutional Punctuality:

• The idea of constitutional punctuality denotes that any business or activity of the government whether it is legislative or executive should be conducted with respect to the spirit of the Constitution regardless of the political partisanship.

Supreme Court Observation on Discretionary Power of Governor:

• The Supreme Court while disposing of a case filed by the State of Telangana against its Governor remarked that Governors should not sit over Bills indefinitely. 
• Time Bound Discharge of Duty: All Constitutional high offices must suo motu evolve guidelines to discharge duties in a time­ bound manner. 
• In Shamsher Singh & Anr vs State Of Punjab (1974): It was held that the discretion of the Governor is extremely limited and, even in such rare cases, shall act in a manner that is not detrimental to the interest of the state. 
• Aid and Advice of Ministers: The Supreme Court has repeatedly held that the Governor shall only act on the aid and advice of the Council of Ministers.

Views of Dr.  B.R. Ambedkar on Discretionary Power of Governor:

• Dr. B.R. Ambedkar said, “there can be no room for a Governor acting on discretion. The final Article, adopted by the Constituent Assembly and embedded in the Constitution explicitly negates any discretionary power.”

Evolving Constitutional Scheme:

• When the Constitution was adopted, some of the sovereign functions were retained for the sake of continuity in governance. 
• As such, there was no time limit fixed for various authorities to discharge duties that arose out of the constitutional scheme. 
• The drafters of the Constitution, in their contemporaneous wisdom, expected Raj Bhavans to be nominated with those who would discharge sovereign duties beyond the confines of political partisanship.
• Article 200 of the Constitution limits the options before the Governor to give assent to the Bill sent by the legislature, or withhold assent, or reserve a Bill for the consideration of the President. 
• The crux of the issue is that Governors have wrongly understood the function to grant assent to have endowed them with some discretionary responsibility.
• Any straightforward reading of withholding assent can only mean to return the Bill; and not to hold back. 
• The problem is accentuated as there is no time limit prescribed to return the Bill, and, as such, Governors have considered themselves to be unaccountable to the principles of time bound governance.

Time-bound Governance

• UK: In the United Kingdom, there has been no royal veto since 1708. 
• USA:  

• • If the President does not sign  the Bill within 10 days, it automatically becomes an Act. 
  • If the President vetoes and returns the bill to the Congress or Senate, then both the chambers of the Congress must override the veto for it to become a law.
• The Supreme Court of India in Keisham Meghachandra Singh vs The Hon’ble Speaker Manipur (2020), issued a writ of mandamus to the Speaker of the Meghalaya Legislative Assembly to decide on the disqualification petitions under the 10th Schedule of the Constitution within a period of four weeks.

Conclusion 

• It would be appropriate for various constitutional authorities such as Governors exercising powers under Article 200 and Speakers acting as quasi judicial tribunals under Tenth Schedule to evolve strict time frames and avoid unnecessary delays. 
• Only such an approach will advance the constitutional scheme and safeguard the will of the people exercised through the legislatures.

     News Source: The Hindu 

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