Some states want to make guvs glorified rubber stamps: Centre

NEW DELHI: The Union government on Wednesday told the Supreme Court that some states, including Tamil Nadu, Punjab and West Bengal, were effectively seeking to reduce governors to "mute spectators" and "glorified rubber stamps" who must compulsorily grant assent to all bills passed by state legislatures, stripping them of any discretion or constitutional role.

- Utkarsh Anand

Appearing before a constitution bench led by Chief Justice of India Bhushan R Gavai, solicitor general Tushar Mehta argued that the positions taken by these states would make governors' assent "a mere formality" and deprive them of their constitutional duty to preserve, protect and defend the Constitution.

"If the governor's role is restricted as argued, he will not be able to do anything even if a bill is downright unconstitutional. The governor, who takes an oath under Article 159 to defend the Constitution, would be left powerless," Mehta submitted.

The SG emphasised that the debate over gubernatorial powers cannot be divorced from the text of the Constitution. Under Article 200, he pointed out, a governor has four distinct choices when a bill is presented -- to assent, to withhold assent, to reserve it for the President's consideration, or to return it with a message to the state assembly.

"The parties opposing the reference are seeking an interpretation that renders the governor rudderless...this makes the power/function of assent a mere formality and renders the options therein and the choices therein, a vestige of the Council of Ministers, who would always exercise only one option- assent...This is not cooperative federalism. It is unilateralism, where the council of ministers' view alone prevails and the Governor is left without any constitutional agency," he said.