Governor issue.

Article Title: Governor issue.

11-11-2023

Indian Polity Current Affairs Analysis

Case filed by : Punjab

Supreme Court Observation

The real power vests with elected representatives of people in a parliamentary democracy

Governor cannot sit on key Bills passed by a State Legislature after casting doubts on the validity of the Assembly session

Warning the Governor that “you are playing with fire”, the court directed him to take a decision on the long-pending Bills presented to him for assent

The Governor, as an appointee of the President, is a titular head of the State.

The Governor acts on the aid and advice of the Council of Ministers save in areas where the Constitution gives him discretion.

The power to take decisions affecting the governance of the State or the nation is essentially entrusted to the elected arm of the state.

Governor is intended to be a constitutional Statesman guiding the government on matters of constitutional concern

The Speaker, who has been recognised to be the guardian of the privilege of the House and constitutionally recognised authority who represents the House, was acting well within his jurisdiction in adjourning the House sine die

it was the right of each House of Legislature to be the sole judge of the lawfulness of its own proceedings

a House was governed by the decisions of the Speaker on adjournments.

It would not be constitutionally valid for the Governor to question how the Speaker exercised his jurisdiction over the conduct of the House