SC verdict may embolden governors to stall decisions in opposition-ruled states: CPI

New Delhi, Nov 21 (PTI) The Communist Party of India on Friday said the Supreme Court's recent verdict on the Presidential Reference may embolden governors to stall legislative and policy decisions without accountability, as an unintended consequence.

The apex court on Thursday held that the court cannot impose any timelines on governors and the President to grant assent to Bills passed by state assemblies.

In a statement issued here, the Communist Party of India (CPI) said the court's opinion could affect legislative decisions, especially in the opposition-ruled states.

"The CPI expresses its disappointment at the Supreme Court's response to the Presidential Reference on the powers of governors to grant assent to Bills duly passed by elected state assemblies," the Left party said.

It said that by declining to uphold any time-bound framework for action by governors or the President, the court's opinion risks diluting its own April judgment, which had taken serious exception to the Tamil Nadu governor's prolonged withholding of assent and the referral of Bills to the President.

"This shift weakens an important judicial safeguard meant to ensure that the will and rights of the people, expressed through their elected representatives, are not thwarted by procedural delays or discretionary inaction," it said.

The Left party urged the Supreme Court to reconsider its opinion in the interest of strengthening democratic, cooperative federalism.

"It is equally incumbent upon Parliament to take cognisance of the expanding pattern of gubernatorial interference or inaction, and to initiate a comprehensive discussion on placing effective checks on this unelected colonial-era office. The autonomy of state governments and the primacy of the people's mandate must remain at the heart of our constitutional scheme," it said.

The Supreme Court, in its judgment on Thursday, deemed that assent cannot be granted by the top court as it would amount to a virtual takeover of the role of a separate constitutional authority.

In its unanimous opinion on the Presidential Reference, a five-judge Constitution bench headed by Chief Justice B R Gavai also ruled that the governors do not have "unfettered" powers to sit over the bills for "perpetuity" as they have only three options — either to grant assent, or refer the bills to the President or withhold assent and send them back them to the assemblies for reconsideration under Article 200. PTI AO PRK PRK