Can't be a mute spectator if governor fails in his duty: SC

Concluding hearings on the Presidential Reference seeking clarity on whether timelines can be read into Article 200 of the Constitution, the Supreme Court on Thursday said though it strongly upholds the separation of powers, it could not remain a silent spectator if one wing of the state failed to discharge its constitutional duty.

- PARMOD KUMAR New Delhi, 11 September

Chief Justice B R Gavai, heading the five-judge Constitution Bench also comprising Justice Surya Kant, Justice Vikram Nath, Justice Pamidighantam Sri Narasimha, and Justice Atul S Chandurkar, observed: "I am a strong believer in the doctrine of separation of powers. (However) If one wing of state fails in discharging its duties, would the Court - custodian of the Constitution - be powerless and sit idle?"

The Bench made the remarks as Solicitor General Tushar Mehta insisted that under Article 200 a Governor can withhold assent to a Bill, and courts cannot issue a mandamus in such a situation. He stressed that the Governor, being a "co-ordinate constitutional functionary", exercises discretion that cannot be judicially interfered with.