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The Union Territory of Puducherry has staunchly supported the Presidential Reference concerning the powers of Governors and the President regarding State Bills, arguing that judicial intervention is premature until a Bill officially becomes law following the assent of the Governor or the President. Puducherry's affidavit, meticulously prepared and signed by Chief Secretary Sharat Chauhan, underscores the principle that the judiciary should refrain from entanglement in the formative stages of legislative policymaking, emphasizing that such intervention would encroach upon the legislative domain and disrupt the delicate balance of powers enshrined in the Constitution. The affidavit posits that until a Bill receives the necessary assent and is formally enacted, it remains an 'inchoate' legislative endeavor, not yet ripe for judicial scrutiny. This stance reflects a broader concern about the potential for judicial overreach and the need to safeguard the autonomy and independence of the legislative branch.
Puducherry aligns itself with the central government's position, asserting that both the President and Governors possess discretionary powers under Articles 201 and 200 of the Constitution when deliberating on the approval of State Bills. These discretionary powers, according to the affidavit, are explicitly non-justiciable, meaning that they are not subject to judicial review or interference. This assertion is rooted in the understanding that the President and Governors, in their capacity as constitutional heads, are entrusted with the responsibility of exercising their judgment and discretion in the best interests of the nation and the states, respectively. To subject their decisions to judicial scrutiny would not only undermine their authority but also create a potential for political instability and constitutional gridlock. The affidavit emphasizes that the Constitution deliberately grants these discretionary powers to the President and Governors to ensure the smooth functioning of the government and to prevent the legislative process from being unduly influenced by external pressures.
Furthermore, the 63-page affidavit explicitly disagrees with the Supreme Court's April 8 judgment in the Tamil Nadu Governor case, which sought to establish timelines for the President and Governors in the matter of assenting to Bills. Puducherry contends that the Constitution's deliberate silence on specific time limits for presidential and gubernatorial assent is a conscious and purposeful decision, designed to uphold the institutional discretion, dignity, and gravitas of these high offices. The absence of fixed timelines allows the President and Governors the necessary flexibility to carefully consider each Bill on its merits, taking into account a wide range of factors, including legal, political, and economic considerations. Imposing rigid timelines would not only be impractical but also potentially detrimental to the quality of legislative decision-making.
The Union Territory's affidavit goes on to emphasize the fundamental principle that the judiciary cannot usurp the role of the legislature and dictate which Bills should be passed or within what timeframe they should come into effect. It unequivocally asserts that such matters fall wholly, completely, and unambiguously within the purview and ambit of the legislature. The judiciary's role, according to Puducherry, is to interpret and apply the law, not to create it. Allowing the courts to interfere in the legislative process would undermine the separation of powers doctrine, a cornerstone of democratic governance.
Puducherry argues that judicial review should be confined to instances where a Bill has already become law. It cautions against the Supreme Court assuming the powers of the President and Governors and granting 'deemed assent' to State Bills, warning that such an action would inevitably lead to the court becoming a judge in its own case when the constitutionality of the law is subsequently challenged. This concern stems from the recognition that if the court were to effectively legislate through 'deemed assent,' it would then be tasked with adjudicating the validity of its own creation, potentially compromising its impartiality and objectivity.
The affidavit further elaborates on the potential ramifications of granting 'deemed assents' through the invocation of Article 142 of the Constitution, which empowers the Supreme Court to issue orders necessary for doing complete justice. Puducherry warns that such an action would not only breach the legislative domain but also create a conflict of interest, as the courts would be forced to adjudicate the validity of laws that they had effectively enacted. This scenario, according to the affidavit, would undermine public confidence in the judiciary and erode the legitimacy of the legal system. The Union Territory's position underscores the importance of maintaining a clear separation of powers and preventing any overlap or blurring of the functions of the different branches of government.
In essence, Puducherry's affidavit presents a robust defense of the constitutional powers of the President and Governors, emphasizing the need to protect their discretionary authority and prevent undue judicial interference in the legislative process. The Union Territory argues that the judiciary should confine itself to its proper role of interpreting and applying the law, rather than attempting to dictate legislative outcomes. This stance reflects a deep-seated concern about the potential for judicial overreach and the importance of preserving the delicate balance of powers that underpins India's democratic system. The affidavit serves as a powerful reminder of the need for each branch of government to respect the boundaries of its own authority and to refrain from encroaching upon the prerogatives of the others. Maintaining this balance is essential for ensuring the smooth functioning of the government and for upholding the principles of constitutionalism and the rule of law.
The arguments presented by the Union Territory of Puducherry in its affidavit are multifaceted and deeply rooted in constitutional principles. They touch upon the separation of powers, the discretionary authority of constitutional heads, and the appropriate scope of judicial review. At its core, Puducherry's position advocates for a strict interpretation of the Constitution, emphasizing the distinct roles and responsibilities of the legislative, executive, and judicial branches of government. The affidavit argues that each branch should operate within its designated sphere, respecting the autonomy and independence of the others. This principle, known as the separation of powers, is considered fundamental to the stability and effectiveness of democratic governance.
The assertion that the President and Governors possess discretionary powers that are not subject to judicial review is a particularly significant aspect of Puducherry's argument. This claim is based on the understanding that these constitutional heads are entrusted with the responsibility of exercising their judgment and discretion in the best interests of the nation and the states, respectively. To subject their decisions to judicial scrutiny would not only undermine their authority but also create a potential for political instability and constitutional gridlock. The affidavit contends that the Constitution deliberately grants these discretionary powers to the President and Governors to ensure the smooth functioning of the government and to prevent the legislative process from being unduly influenced by external pressures.
However, this argument is not without its critics. Some legal scholars and commentators argue that the discretionary powers of the President and Governors should not be absolute and that they should be subject to some form of judicial oversight. They contend that unchecked discretionary power can lead to abuse and that it is essential to have safeguards in place to prevent such abuses. These critics point to instances where Governors have been accused of acting in a partisan manner or of unduly delaying the assent to Bills for political reasons. They argue that judicial review is necessary to ensure that the President and Governors exercise their powers in a fair and impartial manner.
The debate over the appropriate scope of judicial review is a long-standing one in Indian constitutional law. On the one hand, proponents of judicial restraint argue that the courts should defer to the elected branches of government and should not interfere in matters of policy unless there is a clear violation of the Constitution. They believe that the courts should primarily focus on interpreting the law and resolving disputes, rather than attempting to shape public policy.
On the other hand, proponents of judicial activism argue that the courts have a responsibility to protect fundamental rights and to ensure that the government acts in accordance with the Constitution. They believe that the courts should be willing to strike down laws that violate fundamental rights or that are inconsistent with the Constitution, even if those laws have been passed by the elected branches of government. This debate is particularly relevant in the context of the Presidential Reference, as it raises fundamental questions about the role of the judiciary in overseeing the actions of the executive and legislative branches of government.
Puducherry's argument that judicial review should be confined to instances where a Bill has already become law is also a controversial one. Critics argue that this approach would allow unconstitutional laws to remain in effect for a potentially significant period, causing harm to individuals and undermining the rule of law. They contend that the courts should have the power to review Bills before they become law, particularly when there is a strong likelihood that the Bill will violate fundamental rights or be inconsistent with the Constitution.
The debate over pre-enactment judicial review is complex and has been the subject of much discussion in legal and academic circles. Proponents of pre-enactment review argue that it is a necessary safeguard against the passage of unconstitutional laws, while opponents argue that it would unduly interfere with the legislative process and undermine the principle of separation of powers. The Supreme Court has generally been reluctant to engage in pre-enactment review, but it has indicated that it may be willing to do so in exceptional circumstances where there is a clear and imminent threat of constitutional violation.
Ultimately, the resolution of these complex constitutional issues will depend on the Supreme Court's interpretation of the Constitution and its assessment of the competing interests at stake. The Presidential Reference provides the Court with an opportunity to clarify the scope of the President's and Governors' discretionary powers and to define the appropriate role of the judiciary in overseeing the actions of the executive and legislative branches of government. The Court's decision will have far-reaching implications for the balance of power between the different branches of government and for the future of Indian constitutional law. The arguments presented by Puducherry contribute significantly to this ongoing debate, providing a strong defense of the constitutional prerogatives of the executive branch and advocating for a restrained approach to judicial review.
The potential implications of the Supreme Court's decision on the Presidential Reference are far-reaching and could reshape the relationship between the Union government, the states, and the judiciary. A ruling that affirms the discretionary powers of Governors and the President while limiting judicial intervention in the legislative process would likely be welcomed by the executive branch, as it would provide greater flexibility in the handling of State Bills. However, it could also be viewed with concern by state governments, particularly those that are controlled by political parties different from the ruling party at the Centre, as it could potentially lead to delays in the assent to Bills that are deemed unfavorable by the Union government.
Conversely, a ruling that narrows the discretionary powers of Governors and the President and expands the scope of judicial review could be welcomed by state governments seeking greater autonomy and protection against perceived interference from the Centre. However, it could also be seen as an infringement on the executive branch's authority and could potentially lead to increased litigation and legal challenges to government decisions.
The Supreme Court's decision will also have significant implications for the future of Indian constitutional law. A ruling that emphasizes the importance of judicial restraint and deference to the elected branches of government could signal a shift towards a more conservative approach to constitutional interpretation. This could lead to a narrowing of the scope of fundamental rights and a greater emphasis on the powers of the state. On the other hand, a ruling that affirms the judiciary's role as a guardian of fundamental rights and a check on the power of the executive and legislative branches could signal a continuation of the activist trend in Indian constitutional law.
The Presidential Reference also raises important questions about the balance of power between the Union government and the states. India is a federal country, with a division of powers between the Centre and the states. However, the Constitution also vests significant powers in the Union government, particularly in matters of national security, foreign affairs, and economic policy. The Presidential Reference touches upon the sensitive issue of how to balance the need for a strong central government with the desire for greater state autonomy.
The debate over the role of Governors in the Indian political system is a long-standing one. Governors are appointed by the President and are often seen as representatives of the Union government in the states. However, they also have a constitutional duty to act impartially and to uphold the Constitution. The Presidential Reference highlights the tension between these two roles and raises questions about the extent to which Governors should be subject to the control of the Union government.
The outcome of the Presidential Reference is difficult to predict. The Supreme Court is an independent body and will make its decision based on its interpretation of the Constitution and its assessment of the competing interests at stake. However, the Court's decision will undoubtedly have a significant impact on the future of Indian politics and constitutional law. The arguments presented by Puducherry, along with those of other parties involved in the case, will play a crucial role in shaping the Court's deliberations and ultimately influencing its decision. The case underscores the enduring importance of constitutional principles and the ongoing need to balance the powers of the different branches of government in a democratic society. The Supreme Court's ruling will serve as a landmark precedent, shaping the future of Center-State relations and the role of the judiciary in safeguarding the Constitution.
Source: SC cannot intervene until ‘Bill’ becomes law after Governor’s assent: Puducherry