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

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  • UP government removed Lokesh M as CEO of Noida Authority and formed a SIT to inquire into the death of techie Yuvraj Mehta who drowned after his car fell into a waterlogged trench at a commercial site
  • Nitin Nabin elected BJP President unopposed, will take over today
  • Supreme Court rules that abusive language against SC/ST persons cannot be construed an offence under the SC/ST (Prevention of Atrocities) Act
  • Orissa HC dismissed the pension cliams of 2nd wife citing monogamy in Hindu law
  • Delhi HC quashed the I-T notices to NDTV founders and directed the department to pay ₹ 2 lakh to them for 'harassment'
  • Bangladesh allows Chinese envoy to go near Chicken's Nest, ostensibly to see the Teesta project
  • Kishtwar encounter: Special forces jawan killed, 7 others injured in a faceoff with terrorists
  • PM Modi, in a special gesture, receives UAE President Md Bin Zayed Al Nahyan at the airport. India, UAE will boost strategic defence ties
  • EAM S Jaishankar tells Poland to stop backing Pak-backed terror in India. Also, Polish minister walks off a talk show when questioned on cross-border terrorism
  • Indigo likely to cut more flights after Feb 10 when the new flight rules kick in for it
  • Supreme Court asks EC to publish the names of all voters with 'logical discrepency' in th Bengal SIR
  • ICC has asked Bangladesh to decide by Jan 21 whether they will play in India or risk removal from the tournament. Meanwhile, as per reports, Pakistan is likely to withdraw if Bangladesh do not play
  • Tata Steel Masters Chess: Pragg loses again, Gukesh settles for a draw
  • WPL: RCB win their 5th consecutive game by beating Gujarat Giants by 61 runs, seal the playoff spot
  • Central Information Commission (CIC) bars lawyers from filing RTI applications for knowing details of cases they are fighting for their clients as it violates a Madras HC order that states that such RTIs defeat the law's core objectives
Stocks slump on Tuesday even as gold and silver toucvh new highs /////// Government advises kin of Indian officials in Bangladesh to return home
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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.