Governors score a victory

Former Chief Justice of India BR Gavai’s comments on the import of the Supreme Court's five-judge bench order in the presidential reference case may serve to soften public perception of the issue, but the law laid down imposes no compulsion on governors to act with alacrity to give assent to bills.

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In its order of November 20, the bench led by Justice Gavai addressed most of the 14 questions in the presidential reference, upholding the discretionary power of governors under Article 200 and viewing the prescription of timelines for gubernatorial action as contrary to the constitutional scheme of elasticity for authorities. Neither could a timeline be prescribed for the President to decide on legislation under Article 201. The court also derived no power under Article 142 to declare a principle of deemed assent for bills. Upon demitting office, Justice Gavai has explained that the order was not intended to make states run from pillar to post to get bills assented to. Where the issue has been advanced, however, is in the former CJ's cue to the Union that prescription o