SC: Wouldn't Guv's unlimited power render an elected govt defunct?

The Supreme Court on Thursday asked about the "safeguard" for a "duly elected government in case a governor is vested with "unlimited power". The query fell from the Constitution bench headed by Chief Justice of India (CJI) BR Gavai during the resumed hearing of a presidential reference case on whether the top court can lay down timelines and procedures for the president and governors.

Speaking for the five-member bench, the CJI verbally asked solicitor general Tushar Mehta "what happens to the democratic setup and the will of the people" if a governor is given "unlimited power" to withhold a bill passed by the legislature.

"Wouldn't that render a duly elected government defunct," the CJI asked. The bench also questioned if a governor holds the bill for years would that be outside judicial review. "Will courts be powerless to act when a governor sits over a bill passed by a legislature for years," the CJI asked.


The CJI added "this court is a custodian of the Constitution. Suppose a constitutional functionary which is entrusted with certain functions refuses to discharge those functions without any valid reasons, whether the hands of constitutional courts would be tied?"

The CJI said if "there is a wrong, there has to be a remedy". In response, Mehta argued that all problems cannot have a solution in the court. He said there has to be a "political solution" to such an impasse (between the governor and legislature).

Mehta also argued that "certain constitutional functions of governor are not justiciable. Justiciability is variable". Mehta added "mere justification does not confer jurisdiction (on court)". The solicitor general further argued that "only constitutional supremacy shall prevail. Neither Parliament nor judicial supremacy".

Elaborating, Mehta argued that there are "polycentric problem solutions which lie in a political sphere, not in courts". He emphasized on the argument that "some issues are non justiciable". And that "separation of powers is a two way street".