Governors Must Not Create Roadblocks For Elected Governments, Must Respect People's Will: Supreme Court

In a significant judgment underscoring the constitutional role of Governors, the Supreme Court has called upon them to act with "due deference" to the principles of parliamentary democracy and the will of the people, warning against actions that may obstruct or undermine the functioning of elected state governments."We are not undermining the office of the Governor," the Court observed while delivering a strong reminder of the limits and responsibilities of the post. "All we say is that the Governor must act with due deference to the settled conventions of the Parliamentary democracy, respecting the will of the people expressed through the legislature as well as the elected government responsible to the people."A bench comprising Justice JB Pardiwala and Justice R Mahadevan made these important observations while declaring as illegal the Tamil Nadu Governor's withholding of the assent on ten bills re-enacted by the State Assembly and their reservation for the President.The Court highlighted that the Governor is expected to act as a "friend, philosopher and guide" and not as a political actor. His role, the judgment stated, must be “guided not by considerations of political expediency but by the sanctity of the Constitutional oath he undertook.” It added that in moments of political tension, the Governor must work as “a harbinger of consensus and resolution,” using wisdom and discretion to support state governance rather than impede it.“The Governor must be the catalyst and not the inhibitor,” the Court emphasized, urging that the office should help facilitate the functioning of the state machinery rather than bringing it to a standstill.Importantly, the judgment cautioned that any attempt by the Governor to stall legislative processes or subvert the electoral mandate would amount to a betrayal of the Constitution:"The Governor must be conscious to not create roadblocks or chokehold the State legislature in order to thwart and break the will of the people for political ends... any expression contrary to the express choice of the people, in other words, the State legislature, would be a renege on the Constitutional oath."The Court also stressed that those holding high constitutional offices must be guided by the enduring values of the Constitution, which were born out of the struggles and sacrifices of India's founding leaders. "When called upon to take decisions, such authorities must not give into ephemeral political considerations but rather be guided by the spirit that underlies the Constitution."Justice J.B. Pardiwala, who authored the judgment, concluded with a poignant quote from Dr. B.R. Ambedkar: “However good a constitution may be, if those who are implementing it are not good, it will prove to be bad.”The exact words from the judgment are quoted below :"We are not undermining the office of the Governor. All we say is that the Governor must act with due deference to the settled conventions of the Parliamentary democracy, respecting the will of the people expressed through the legislature as well as the elected government responsible to the people. He must perform his role of a friend, a philosopher and guide, with dispassion, guided not by considerations of political expediency but by the sanctity of the Constitutional oath he undertook. In times of conflict, he must be the harbinger of consensus and resolution, lubricating the functioning of the state machinery by his sagacity and wisdom, and not bring it to a standstill. He must be the catalyst and not the inhibitor. All his actions must be taken keeping in mind the high constitutional office he occupies. It is imperative that all his actions must be guided by true allegiance to his oath and he faithfully executes his functions. The Governor as the Constitutional head of the State is obliged to accord primacy to the will and welfare of the people of the State and earnestly work in harmony with the State machinery. The Governor must be conscious to not create roadblocks or chokehold the State legislature in order to thwart and break the will of the people for political ends. The members of the State legislature have been elected by the people of the State as a result of the democratic outcome are better attuned to ensure the well-being of the people. Hence, any expression contrary to the express choice of the people, in other words, the State legislature, would be a renege on the Constitutional oath.""The Constitutional authorities occupying high offices must be guided by the values of the Constitution. These values that are so cherished by the people of India are a result of years of struggles and sacrifices by our forefathers. When called upon to take decisions, such authorities must not give into ephemeral political considerations but rather be guided by the spirit that underlies the Constitution. They must look within and reflect whether their actions are informed by the Constitutional oath and the course of actions adopted by them furthers...

Governors Must Not Create Roadblocks For Elected Governments, Must Respect People's Will: Supreme Court

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The Court stated that the Governors must not thwart the will of the people for political ends.

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