If courts can review a Governor’s recommendation for President’s rule, why cannot the judiciary examine a Governor for sitting on crucial State Bills for years together, Chief Justice of India B.R. Gavai, heading a Presidential Reference Bench, asked the Centre and BJP-ruled States on Tuesday.
“If the discretion exercised by a Governor under Article 356 of the Constitution can be judicially reviewed, why not the discretion under Article 200?” Chief Justice Gavai responded with a question to a submission made by the State of Maharashtra, represented by senior advocate Neeraj Kishan Kaul, about the “wide” discretionary powers of Governors.
-Krishnadas RajagopalRead the story here
Supreme Court asks why judiciary can’t review inaction of Governors on bills
Chief Justice questions why Governor’s discretion under Article 200 can’t be reviewed, sparking debate on legislative powers and judicial oversight.
