Unfortunate That Some Governors Are Playing A Role Where They Should Not : Justice BV Nagarathna
5 months ago

Unfortunate That Some Governors Are Playing A Role Where They Should Not : Justice BV Nagarathna

Live Law  

Supreme Court judge Justice BV Nagarathna expressed concerns over the actions and inactions of the Governors of some states, saying that they are not acting as per the role envisaged by the Constitution. "In today's times unfortunately some of the Governors in India are playing a role where they ought not to and are inactive where they ought to be," Justice Nagarathna said in an address. "In today's times unfortunately some of the Governors in India are playing a role where they ought not to and are inactive where they ought to be," Justice Nagarathna said in an address delivered at the NLSIU-PACT conference held in Bengaluru on Saturday. In this context, Justice Nagarathan quoted the comments made by G Durgabai in the Constituent Assembly Debates regarding the neutrality of Governors that "the governing idea is to place the Governor above party politics, above factions and not to subject him to the party affairs.” Justice Nagarathna's comments assume relevance in the backdrop of several states filing petitions in the Supreme Court aggrieved by the refusal of the Governors to grant assent to the bills passed by the legislative assemblies.

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History of this topic

Justice BV Nagarathna's tryst with dissent
5 months, 2 weeks ago

Justice BV Nagarathna's tryst with dissent

Hindustan Times  

In a judiciary where consensus often prevails, Justice BV Nagarathna has emerged as a powerful voice of dissent. Justice Nagarathna’s judgement was a powerful reminder of the necessity for legislative scrutiny in matters of national importance, reinforcing the role of parliament as the fulcrum of democracy The hate speech case In another significant dissent in January 2023, Nagarathna addressed the …

Supreme Court to examine whether Governors are ‘subverting’ federalism
5 months, 2 weeks ago

Supreme Court to examine whether Governors are ‘subverting’ federalism

The Hindu  

The Supreme Court on Friday agreed to examine if Governors, by indefinitely sitting on crucial Bills only to eventually refer them to the President who solely acts on the advice of the Centre, are opening the doors for Union interference in the legislative domain of States, thereby subverting federalism. The decision of the court to intervene came in a petition …

Exploring The Role Of Governors: Navigating The Trend Of State Governors Facing Litigation Over Withholding Assent Over A Bill
8 months ago

Exploring The Role Of Governors: Navigating The Trend Of State Governors Facing Litigation Over Withholding Assent Over A Bill

Live Law  

The Governor is an unelected Head of the State and cannot use his constitutional powers to thwart the normal course of lawmaking by the State. Supreme court in the case of State of Punjab v. Principal Secretary to the Governor of Punjab and Another held that the first proviso to Article 200 stipulates that the Governor may “as soon as …

'Not A Healthy Trend': Justice Nagarathna On Governors Delaying Action On Bills Indefinitely
9 months, 1 week ago

'Not A Healthy Trend': Justice Nagarathna On Governors Delaying Action On Bills Indefinitely

News 18  

Supreme Court Judge BV Nagarathna has warned against the recent trend of governors delaying action on bills passed by state governments indefinitely. Addressing the fifth edition of the ‘Courts and the Constitution Conference’ at NALSAR University of Law in Hyderabad, Justice Nagarathna stated, “The recent trend has been that the Governor of a state is becoming a point of litigation …

Embarrassing for Courts to Tell Governors to Abide by Law: Justice Nagarathna
9 months, 1 week ago

Embarrassing for Courts to Tell Governors to Abide by Law: Justice Nagarathna

Deccan Chronicle  

Hyderabad: Justice B.V. Nagarathna on Saturday expressed dissatisfaction over the incidents of Governors exceeding administrative limits. Justice Nagarathna cautioned that it was not a healthy trend and quite embarrassing that the courts have to ask the offices of the Governors to discharge their duties in accordance with the law. Justice Nagarathna was delivering the keynote address on the jurisprudence process …

DC Edit | Governors must now fall in line with definition of role
1 year, 1 month ago

DC Edit | Governors must now fall in line with definition of role

Deccan Chronicle  

The suggestion made by the Supreme Court to Kerala governor Arif Mohammed Khan to read its judgment in a case filed by the Punjab government seeking its intervention against Mr Banwarilal Purohit who is the governor there delaying signing of bills passed by the state Assembly into law brings a sense of finality to the contentious issue of governors nationwide …

Governors can’t keep bills pending indefinitely, rules Supreme Court
1 year, 1 month ago

Governors can’t keep bills pending indefinitely, rules Supreme Court

Hindustan Times  

Governors “cannot be at liberty to keep bills pending indefinitely”, the Supreme Court has ruled in a judgment, emphasising that the exercise of unbridled discretion in areas not entrusted to the discretion of the governor risks walking roughshod over the working of a democratically elected government in the state. Failure to take a call and keeping a bill duly passed …

Unheeded advice: The Hindu Editorial on the conduct of Governors
1 year, 1 month ago

Unheeded advice: The Hindu Editorial on the conduct of Governors

The Hindu  

Ongoing proceedings before the Supreme Court raise concerns about the conduct of some Governors. The key issue that has forced State governments to approach the court for redress is the perverse manner in which incumbents in Raj Bhavan have used the absence of a time-frame for granting assent to Bills to harass and frustrate elected regimes. With the court noting …

Supreme Court to hear Tamil Nadu, Kerala pleas against their Governors on November 20
1 year, 1 month ago

Supreme Court to hear Tamil Nadu, Kerala pleas against their Governors on November 20

The Hindu  

The Tamil Nadu government on November 20 is likely to inform the Supreme Court of its State Legislative Assembly’s re-adoption of 10 crucial Bills returned by Governor R.N. Shoulder-to-shoulder, the State of Kerala, is prepared to take on its Governor Mohmmad Arif Khan in the apex court for delaying key Bills, some dating back almost two years. Kerala has accused …

Governor raj has no place in Constitution
1 year, 2 months ago

Governor raj has no place in Constitution

Hindustan Times  

After Punjab and Telangana, two more state governments, Tamil Nadu and Kerala have now approached the Supreme Court against the governors in the respective states on a common cause. It implies that the governor’s assent should also happen “as soon as possible” and even if he returns the Bill for the assembly’s reconsideration, he must act promptly. On Article 200, …

Kerala moves Supreme Court against Governor for the second time in two weeks
1 year, 2 months ago

Kerala moves Supreme Court against Governor for the second time in two weeks

The Hindu  

Kerala on November 8, 2023 moved the Supreme Court for the second time against Governor Arif Mohammed Khan, accusing him of trying to “defeat the rights of the people” of the State by indefinitely sitting on crucial Bills, especially those addressing post-COVID public health concerns. “The conduct of the Governor in keeping Bills pending for long and indefinite periods of …

Governors should do a ‘little bit of soul-searching’, Supreme Court says
1 year, 2 months ago

Governors should do a ‘little bit of soul-searching’, Supreme Court says

The Hindu  

The Supreme Court on Monday expressed acute displeasure at Governors holding back key Bills, especially in Opposition-ruled States such as Punjab, Tamil Nadu, Kerala and Telangana, until State governments approach the top court for judicial intervention. “Some of these Bills have been pending with him for over two years… When the Governor was told the State had approached the apex …

Governors should do a ‘little bit of soul-searching’, SC says on holding back of crucial Bills
1 year, 2 months ago

Governors should do a ‘little bit of soul-searching’, SC says on holding back of crucial Bills

The Hindu  

The Supreme Court on Monday expressed acute displeasure at Governors holding back key Bills, especially in Opposition-ruled States such as Punjab, Tamil Nadu, Kerala and Telangana, until State governments approach the top court for judicial intervention. Advocate General for Punjab later clarified that three of the seven Bills were Money Bills, of which two have been recommended by the Governor …

Action and authority: The Hindu Editorial on Governors and implementation of decisions by elected regimes
1 year, 2 months ago

Action and authority: The Hindu Editorial on Governors and implementation of decisions by elected regimes

The Hindu  

That two States have approached the Supreme Court of India against the conduct of their Governors once again flags the problem of political appointees in Raj Bhavan using their authority to delay the implementation of decisions by elected regimes, if not undermine them. Governors need not rubber stamp any decision, but one can question the practice of Governors, especially in …

Modi’s Governors: New appointments raise questions
1 year, 10 months ago

Modi’s Governors: New appointments raise questions

The Hindu  

Published : Feb 23, 2023 10:40 IST On February 12, President Droupadi Murmu announced the appointment of new Governors in 12 States and one Union Territory, attracting serious scrutiny for its timing—several States go to the polls this year— and for the choices made. The appointment of Gulab Chand Kataria, Leader of Opposition in the Rajasthan Assembly, as Assam Governor …

Honour of office: On new Governors of States appointed by the Centre
1 year, 10 months ago

Honour of office: On new Governors of States appointed by the Centre

The Hindu  

A former judge of the Supreme Court of India and a former Indian Army commander are among the new Governors of States appointed by the Centre on Sunday. In recent years, Governors have sought to play a political role in States such as Jharkhand, Kerala, Tamil Nadu and West Bengal, creating a train of controversies. Earlier too, retired police and …

Govt vs Guv: Why 3 Chief Ministers in South India Have Declared War on the Raj Bhavan
2 years, 1 month ago

Govt vs Guv: Why 3 Chief Ministers in South India Have Declared War on the Raj Bhavan

News 18  

Taking a leaf out of his West Bengal counterpart Mamata Banerjee’s book, Kerala Chief Minister Pinarayi Vijayan has issued orders to remove Governor Arif Mohammad Khan from the post of Chancellor of Kerala Kalamandalam, a deemed-to-be-university for art and culture. In neighbouring Tamil Nadu, the ruling DMK and its allies wrote to President Droupadi Murmu demanding the recall of Tamil …

Do we need governors to act as agents of Centre?
2 years, 4 months ago

Do we need governors to act as agents of Centre?

Deccan Chronicle  

The roots of the controversy in West Bengal, Kerala and other states over governors allegedly exceeding their roles can be traced back to a scene at Government House in what was then Calcutta in December 1943. Kolkata's colonial mansion, whose marble plaque proclaims “Chief Justice's House”, and the sprawling bungalow where the “chief adviser to the chief minister” resides, are …

Use and abuse of Governors’ powers
2 years, 8 months ago

Use and abuse of Governors’ powers

The Hindu  

Ramadevi, former Chief Election Commissioner of India, was also the Governor of Karnataka and Himachal Pradesh. According to him, the information needed to be furnished to the Governor only if “in the opinion of the Chief Minister such information is necessary for a proper exercise of the duties of the Governor”. Article 167 of the Constitution contains provisions for “duties …

Chief Justice Ramana is right
2 years, 8 months ago

Chief Justice Ramana is right

Hindustan Times  

In a landmark speech, at a conference of state chief ministers and high court chief justices, and in the presence of Prime Minister Narendra Modi, the Chief Justice of India NV Ramana offered a powerful diagnosis of what ails Indian judiciary on Saturday. Better laws, fairer enforcement of laws, less arbitrary decision making, more harmony within the executive, greater willingness …

Constitutional functionaries are bound by Constitution, says Bombay HC on Maha governor case
3 years, 5 months ago

Constitutional functionaries are bound by Constitution, says Bombay HC on Maha governor case

India Today  

The Bombay High Court has reserved its order on a public interest litigation filed against the office of the Governor of Maharashtra Bhagat Singh Koshyari for not taking a decision on the appointment of twelve members of the legislative council in the state. On this issue, Chief Justice Dipankar Datta noted, “Any constitutional functionary is bound by the Constitution. Advocate …

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