The Supreme Court’s decision in the 16th Presidential Reference refused to set timelines for constitutional authorities like Governors and Speakers despite increasing delays in their duties. This has raised concerns of constitutional paralysis and weakening accountability in federal governance.
Structural Problems in India’s Constitutional Framework
- The Constitution provides no fixed timelines for actions by key posts — President, Governors, Speakers.
- This constitutional silence is exploited to delay decisions on defection cases and Bills.
- Such delays weaken parliamentary democracy and disrupt smooth governance.
Why Speaker’s Defection Decisions Get Delayed
- The Speaker acts as a quasi-judicial authority under the Tenth Schedule when deciding disqualification.
- Absence of a time-bound framework allows decisions to be postponed until the Assembly term ends.
- This undermines the anti-defection law, allowing political manipulation and defeating voter mandate.
Issues with Governor’s Withholding of Bills
- Governors in several States have withheld or delayed Bills passed by elected Assemblies.
- While the Governor may return a Bill once, indefinite inaction functions as a pocket veto.
- Only courts can invalidate laws; delay by the Governor effectively blocks legislation and harms federal balance.
Why the Verdict Is Seen as Problematic
- The Supreme Court argued that it cannot insert timelines since Article 200 has none.
- This literal interpretation overlooks misuse of constitutional gaps.
- Critics say the Court showed excessive judicial restraint, failing to prevent executive overreach.
- Lack of judicially enforced timelines strengthens unaccountable discretionary power.
Constitutional Morality and Ambedkar’s Warning
- Dr. B.R. Ambedkar stressed constitutional morality — protecting the spirit along with the text.
- He warned that the Constitution can be subverted through practices without altering a single word.
- Delays in defection rulings and assent to Bills illustrate such modern constitutional subversion.
Need for Judicial Intervention
- Courts have previously expanded rights using constitutional morality (privacy judgement, LGBTQIA+ rights).
- But in ensuring accountability of Governors and Speakers, the Court avoided the same principle.
- Without reasonable timelines, misuse of constitutional silence will persist.
- Time-bound actions are essential to safeguard legislative supremacy, federalism, and democratic stability.
President – Instances of Delay / Silence
NEET Exemption Bill – Tamil Nadu (2022)
- Tamil Nadu’s Bill seeking exemption from NEET was withheld for months.
- The President gave a decision only after a very long delay, causing tension between the State and Centre.
Gurkha Reservation Bill – Sikkim (2000s)
- A reservation-related Bill passed by Sikkim Assembly was kept pending for an extended period without approval or return.
Indian Forest (Amendment) Bill – Several States (1990s)
- Multiple State Bills requiring Presidential assent remained undecided for years, preventing implementation of State reforms.
Governor – Instances of Delay / Inaction
Telangana Right to Fair Compensation Bill (2020–22)
- Bills passed by the Telangana Assembly were held up by the Governor for more than 2 years without any decision.
Tamil Nadu Prohibition of Online Gaming Bill (2022)
- The Governor sat on the Bill for nearly a year, delaying regulation of online gambling.
Speaker – Instances of not Deciding Defection Cases
Manipur Defection Case (2017–2020)
- The Speaker did not act for 3 years on petitions to disqualify MLAs who defected after elections. The Supreme Court criticized this failure to act.
Maharashtra Defection Cases (2022–23)
- In the Shiv Sena split, the Speaker delayed decision
Conclusion
The verdict signals judicial abdication at a time when delays by constitutional authorities threaten democratic functioning. India needs clear accountability mechanisms, time-bound processes, and adherence to constitutional morality to prevent misuse of constitutional offices and protect the integrity of parliamentary democracy.
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