Constitutional Interpretation and Governors’ Fancies
• The law officer argued that if the Assembly re-passed a Bill, the Governor would be bound to grant assent.
• The Governor could not withhold the Bill, but could refer it to the President on the grounds of repugnancy.
• The law officer argued that high Constitutional authorities, including the President and Governors, were presumed to act within the law and uphold their dignity.
• The Chief Justice questioned whether the expectations of the Founding Fathers and Mothers regarding these Constitutional functionaries had been fulfilled.
• Justice Narasimha argued that constitutional interpretation cannot be idealistic and had to consider present-day realities.
• The Chief Justice referred to cases filed under the anti-defection law (the Tenth Schedule of the Constitution), which had changed over the years.
• The Chief Justice dismissed instances where Governors exercised discretion, leading to litigation in the apex court.
Judicial Oversight of Governors is important topic for Civil service exam (WBCS).
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