oppn parties The Supreme Court's Governor Verdict Keeps India in the Gray Zone

News Snippets

  • Justice Surya Kaqnt sworn in as the 53rd CJI. Says free speech needs to be strengthened
  • Plume originating from volacnic ash in Ehtiopia might delay flights in India today
  • Supreme Court drops the fraud case against the Sandesaras brothers after they agree to pay back Rs 5100 cr. It gives them time till Dec 17 to deposit the money. The court took pains to say that this order should not be seen as a precedent in such crimes.
  • Chinese authorities detain a woman from Arunachal Pradesh who was travelling with her Indian passport. India lodges strong protest
  • S&P predicts India's economy to grow at 6.5% in FY26
  • The December MPC meet of RBI may reduce rates as the nation has seen steaqdy growth with little or no inflation
  • World Boxing Cup Finals: Hitesh Gulia wins gold in 70kgs
  • Kabaddi World Cup: Indian Women win their second consecutive title at Dhaka, beating Taipei 35-28
  • Second Test versus South Africa: M Jansen destroys India as the hosts lose all hopes of squaring the series. India out for 201, conceding a lead of 288 runs which effectively means that South Africa are set to win the match and the series
  • Defence minister Rajnath Singh said that Sindh may be back in India
  • After its total rejection by voters in Bihar, the Congress high command said that it happened to to 'vote chori' by the NDA and forced elimination of voters in the SIR
  • Central Consumer Protection Authority (CCPA) fined a Patna cafe Rs 30000 for adding service charge on the bill of a customer after it was found that the billing software at the cafe was doing it for all patrons
  • Kolkata HC rules that the sewadars (managers) of a debuttar (Deity's) property need not take permission from the court for developing the property
  • Ministry of Home Affairs said that there were no plans to introduce a bill to change the status of Chandigarh in the ensuing winter session of Parliament
  • A 20-year-old escort and her agent were held in connection with the murder of a CA in a Kolkata hotel
Iconic actor Dharmendra is no more, cremated at Pawan Hans crematorium in Juhu, Mumbai
oppn parties
The Supreme Court's Governor Verdict Keeps India in the Gray Zone

By Our Editorial Team
First publised on 2025-11-24 14:21:37

About the Author

Sunil Garodia The India Commentary view

The Supreme Court's advisory on the Presidential Reference about the powers of Governors was meant to steady the waters in a growing constitutional storm. Instead, it confirmed what many already feared - India still lives with a structural imbalance between elected governments and appointed Governors, and the Court has chosen not to correct it.

The Court made three main points. It declined to set deadlines for Governors or the President to act on state bills. It rejected "deemed assent," which could have stopped long delays from becoming quiet vetoes. And it allowed only limited judicial review, to be used only when such delays stretch beyond reason.

At first glance, this seems like a balanced stance. It isn't. With no fixed timelines or penalties, a Governor can still stall a legislative agenda for months. The Court warned that delays cannot be "prolonged" or "indefinite," but without a clear benchmark, that warning feels hollow until tested. Remember an elected government's term is for five years or less- so what is "prolonged" or "indefinite"? One year? Two years? The court's indecision on this matter is baffling. 

Governors were never meant to be political counterweights. They were designed as constitutional referees, not as instruments of pressure. Yet in recent years, the office has often served as an extension of central power in opposition-ruled states. Bills passed by elected assemblies end up stuck in the Raj Bhavan, less from legal concern than from political friction.

The Court's reminder that elected governments must remain in the "driver’s seat" is welcome, but toothless without enforcement. A Governor can still delay action long enough to stall a policy cycle, leaving a government with no remedy but to wait.

The Court is right that it cannot oversee every pending bill. Still, when institutional misuse spreads across states, restraint begins to look like abdication. A federal democracy depends on mutual trust, and when that trust frays, decisiveness matters more than deference.

The verdict warns Governors not to overstep, tells states to stay patient, and tells the Centre nothing. The outcome is a gray zone where power can be quietly tilted without breaking any rule.

India needed a clear boundary. What it received was a cautious compromise. And in that careful space between clarity and caution lies the real danger: a constitutional process that can still be stalled - not by argument, but by silence.