Solutions To Governor-Bill Delays Lie In Political, Not Judicial Sphere: Solicitor General Mehta Tells Supreme Court

The Supreme Court on Thursday (August 21) raised sharp questions over Governors indefinitely withholding Bills, warning that such inaction could render legislatures “totally defunct.”

The remarks came during Day three of the hearing on the Presidential Reference concerning gubernatorial assent, LiveLaw reported.

A Constitution Bench led by Chief Justice of India B R Gavai, along with Justices Surya Kant, Vikram Nath, PS Narasimha and AS Chandurkar, posed whether courts must remain helpless if Governors fail to discharge their duties.

CJI Gavai asked, “Suppose an act passed by the competent legislature, if hon’ble governor only sits over it, then?”

Solicitor General Tushar Mehta argued that these were “political, not judicial” questions, adding, “Solutions lie elsewhere, solutions lie in the political sphere… This Court is the custodian of the Constitution, but there are problems which are not solvable by this Court.”

He cautioned against creating precedents based on extreme scenarios.

The Bench, however, pressed further.

Justice Narasimha referred to the Kesar-i-Hind ruling, noting that while the Governor’s decision itself is immune from review, the decision-making process is open to scrutiny.

“When the Constitutional process of granting, not granting or referring, is not being done, to what extent any kind of immunity applies unendingly?” he asked.

CJI Gavai observed that Governors are not directly answerable to the people, highlighting concerns over prolonged delays.

“If the Governor sits over a Bill for four years, what happens to the democratic set up or the 2/3 majority by which the state is elected and represents will of people?” he remarked.

SG replied that he was not basing his arguments on the basis of any immunity and pointed out that the Court has even interfered with the Governor's decisions for Presidential rule under Article 356.

He added that his argument was based on whether the Court can take over the Governor's decision-making process.

Before closing submissions, SG reiterated that judicial intervention was not the solution, “If someone approaches the President saying that the case is pending for 7 years… can the President acquit me? For every problem, the solution is not adjudication by this court.”

The Court is simultaneously hearing challenges from Kerala, Tamil Nadu, Punjab, and West Bengal over similar delays.

The matter will be taken up again on next Tuesday (26 August).

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