New Delhi [India], November 22 : The Communist Party of India (Marxist) on Saturday said that the Supreme Court's advisory opinion on the Presidential reference regarding the powers of Governors under Article 200 of the Constitution is disappointing, and it will not check the assault on the rights of states.
In a statement, the party's politburo said that the Supreme Court advisory is "devoid of any constitutional checks and balances on the arbitrary functioning of Governors who are acting as political agents of the Centre".
"It will not in anyway check the assault on the rights of states that is ongoing due to the over-centralisation of powers in the hands of the Centre. By stating that Governors have discretionary powers in dealing with bills passed by the state legislature and no time limits can be set, the opinion will only encourage the extra- constitutional powers Governors are exercising in opposition-ruled states," the party said.
It said that particularly retrograde is the suggestion that the Governor is not bound to give assent to a bill that has been adopted a second time by the state legislature after it was sent for reconsideration by the Governor.
"The Governor can instead refer the bill to the President and thereby get it indefinitely delayed. The only relief given is that in the face of a prolonged inaction by the Governor on a pending bill, there can be limited judicial intervention. This too is ambiguous and vague, since there is no definition as to what constitutes prolonged inaction or delay," the party said.
The apex court on Thursday pronounced its advisory opinion on whether it can "impose" timelines on the President and State Governors for acting on Bills passed by State Legislatures.
It opined that courts cannot set timelines for the President and Governors to grant assent to bills passed by the state legislature. Still, the bench, led by Chief Justice of India BR Gavai, clarified that Governors cannot indefinitely withhold assent to bills.
The bench said that the governors must engage in dialogue with state legislatures to resolve concerns.
In the April 8 verdict, the SC stated that the Governor does not have the power to veto bills sent to him by the State legislature.