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The central government has asserted before the Supreme Court that state governments lack the authority to file writ petitions challenging the actions of the President and Governor related to bills passed by state assemblies. This argument hinges on the interpretation of the Constitution, specifically Article 32 and Article 361. Article 32 grants individuals the right to approach the Supreme Court for the enforcement of fundamental rights. The Solicitor General, representing the Centre, argued that states, in themselves, do not possess fundamental rights in the same way individuals do. Instead, the state is a repository of functions aimed at protecting the fundamental rights of its citizens. Therefore, a state cannot invoke Article 32 to challenge the actions of constitutional heads like the President and Governor. Article 361 provides immunity to the President and Governor from being answerable to any court for the exercise and performance of their powers and duties. This protection, the Centre contends, extends to their actions related to assenting to or withholding assent from bills passed by state legislatures. The President, through the Centre, has also sought the Supreme Court's opinion on the matter, indicating the complexity and constitutional importance of the issue. This request for an advisory opinion underscores the potential for future disputes and the desire for a clear legal framework to guide the actions of both the Union and the states. The core of the dispute revolves around the balance of power between the Union and the states in India's federal structure. The Governor, appointed by the President, acts as a bridge between the Union and the state, and their role in assenting to bills can be a source of friction. The Centre's argument aims to protect the independence of the President and Governor in discharging their constitutional duties. Any erosion of this independence, it is argued, could lead to instability and undermine the federal structure of the country. The Supreme Court's decision on this matter will have significant implications for the relationship between the Union and the states, particularly in areas where there are policy differences or political tensions.
The Solicitor General's arguments before the five-judge Constitution bench centered on the premise that states, unlike individual citizens, do not possess fundamental rights in the same context. This is a crucial distinction. While a state is obligated to protect the fundamental rights of its citizens, it cannot claim those rights for itself in the same manner. This perspective aligns with the understanding that fundamental rights are primarily intended to safeguard individuals against potential excesses by the state. Allowing states to invoke Article 32 against the President or Governor could potentially disrupt the delicate balance of power and lead to a situation where states are constantly challenging the actions of the Union government. The argument also touches upon the concept of justiciability. The Centre contends that the actions of the President and Governor in dealing with bills are not justiciable, meaning that they are not subject to judicial review. This position is rooted in the principle of separation of powers, which seeks to prevent the judiciary from interfering in the functions of the executive and legislative branches. Allowing courts to scrutinize every decision of the President or Governor related to bills could lead to a situation of judicial overreach and undermine the executive's ability to govern effectively. However, this view is not without its critics. Some argue that the judiciary has a duty to ensure that the President and Governor act within the bounds of the Constitution, even when dealing with bills passed by state legislatures. They contend that the principle of judicial review is essential for upholding the rule of law and preventing potential abuses of power. The Supreme Court's decision on this matter will need to carefully balance these competing considerations. It will need to determine the extent to which the judiciary can intervene in the actions of the President and Governor without undermining the independence of the executive branch.
The President's decision to seek the Supreme Court's opinion on this matter highlights the constitutional complexity and sensitivity of the issue. Article 143 of the Constitution empowers the President to consult the Supreme Court on questions of law or fact of public importance. This power is typically invoked when there is a lack of clarity on a legal issue or when there is a potential for conflicting interpretations. By seeking the Supreme Court's opinion, the President aims to obtain a definitive interpretation of the relevant constitutional provisions and to ensure that future actions are in accordance with the law. This proactive approach is crucial for preventing future disputes and maintaining stability in the federal structure. The Supreme Court's advisory opinion, while not binding on the government, carries significant weight and is typically followed by both the Union and the states. The advisory opinion will likely delve into the historical context of Article 32 and Article 361, examining the debates in the Constituent Assembly and the subsequent judicial interpretations of these provisions. It will also consider the principles of federalism, separation of powers, and judicial review. The Supreme Court's decision will have far-reaching consequences for the relationship between the Union and the states. It will clarify the extent to which states can challenge the actions of the President and Governor and will define the limits of judicial intervention in the legislative process. The outcome of this case will be closely watched by legal scholars, political analysts, and the general public, as it will shape the future of India's federal structure.
The concept of fundamental rights, as enshrined in Part III of the Indian Constitution, is primarily designed to protect individual liberties against state actions. These rights are not absolute and are subject to reasonable restrictions, but they form the cornerstone of India's democratic framework. The Solicitor General's argument that states do not possess fundamental rights in the same way as individuals is based on the understanding that states are entities created by the Constitution to serve specific functions, including the protection of those very fundamental rights. The state, in this context, is seen as an instrument for upholding the rights of its citizens, rather than a holder of rights in its own right. This distinction is crucial for understanding the scope and limitations of Article 32. Allowing states to invoke Article 32 would fundamentally alter the balance of power and could lead to a situation where states are constantly litigating against the Union government over perceived violations of their own rights. This could create a climate of instability and undermine the cooperative spirit of federalism. The Centre's position is further strengthened by the principle of executive privilege, which protects the President and Governor from being compelled to disclose their decision-making processes. This privilege is based on the need to maintain confidentiality and to allow the executive to function effectively without undue interference from the judiciary. Requiring the President or Governor to justify their decisions on bills passed by state legislatures would undermine this privilege and could lead to a chilling effect on the executive's ability to exercise its constitutional powers. However, the argument that the actions of the President and Governor are entirely non-justiciable is not without its critics. Some argue that there should be some degree of judicial oversight to ensure that the executive does not act arbitrarily or in violation of the Constitution. They contend that the principle of judicial review is essential for preventing potential abuses of power and upholding the rule of law.
The potential for conflict between the Union and the states is inherent in India's federal structure. The Governor, as the representative of the President in the state, often becomes a focal point for these conflicts. The Governor's role in assenting to bills passed by the state legislature is a particularly sensitive area, as it can involve political considerations and policy differences between the Union and the state government. In recent years, there have been several instances where Governors have been accused of acting in a partisan manner, delaying or rejecting bills passed by state legislatures controlled by opposition parties. These actions have led to accusations of political interference and have strained relations between the Union and the states. The Supreme Court's decision on the current matter will have a significant impact on these types of conflicts. By clarifying the extent to which states can challenge the actions of the President and Governor, the Supreme Court will provide a framework for resolving these disputes and preventing future tensions. The advisory opinion will also likely address the issue of the Governor's discretion in assenting to bills. The Constitution does not explicitly define the limits of the Governor's discretion, and there is a lack of clarity on the circumstances under which the Governor can withhold assent from a bill. The Supreme Court's guidance on this issue will be crucial for ensuring that the Governor acts in a fair and impartial manner and that the rights of the state legislature are respected. The outcome of this case will also have implications for the overall balance of power between the Union and the states. A decision that strengthens the hand of the Union government could be seen as undermining the principles of federalism and could lead to further tensions between the Union and the states. Conversely, a decision that favors the states could weaken the Union government and could make it more difficult to implement national policies. The Supreme Court will need to carefully consider these competing considerations and to strike a balance that promotes both stability and cooperation in the Indian federal system.