Protecting the Dignity of High Offices

Collaborative procedures must be put in place to ensure that each authority functions in accordance with the Constitution's letter and spirit, without impeding the work of others

- KAPIL SIBAL

Under the Indian Constitution, some obligations of constitutional authorities are mandated, while others are implied. Some obligations evolve over time and acquire the status of conventions. But no constitutional functionary has the discretion to act in a manner that prevents another constitutional authority from discharging its sovereign functions.

On April 17, while addressing some interns in parliament, Vice President Jagdeep Dhankhar made a statement on a judgment of the Supreme Court in which Justices J B Pardiwala and R Mahadevan set a timeline for the president to sign bills passed by state assemblies. This was with reference to the inaction of the governor in not clearing bills passed by the Tamil Nadu legislature.

The question that arose was in the context of Article 200 of the Constitution, which stipulates, "When a bill has been passed by the legislative assembly of a state, or in the case of a state having a legislative council, has been passed by both Houses of the legislature of the state, it shall be presented to the governor, and the governor shall declare either that he assents to the bill, or that he withholds assent therefrom, or that he reserves the bill for the consideration of the president." There is no timeline prescribed in Article 200 within which the governor is to either grant or withhold consent, or to reserve the bill for the president's consideration.