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

News Snippets

  • Supreme Court rules that functional disability should be the deciding factor in granting road accident damages and not any doctor-issued disability certificate
  • Supreme Court flagged the fact that nearly 56% of the vehicles plying in India were uninsured and asked the government to challan them
  • An Air India flight from Phuket to Delhi encountered severe turbulence and 17 passengers were admitted to hospital with injuries
  • Calcutta HC said that heavens won't fall if Vande Matram is made mandatory to sing in madrasas
  • Kolkata Municipal Corporation has sought government nod for increasing city's wards to 200+ to keep residents in each ward between 16000 to 18000
  • Government has said that partially filled online Census forms may be allowed
  • Government may allow fees on UPI payments above Rs 2000, except on transfer between two individuals
  • Brent crude falls below $80 per barrel
  • Government has increased the LIC offer for sale to Rs 31,400cr with an additional 4% on the block
  • Stock markets become nervous on Tuesday due to Gulf situation: Sensex slides 210 points and Nifty sheds 159 points ahead of RBI MPC meets today
  • Indian cricket team lands in Sri Lanka for a 2-Test series
  • A former French Navy pilot who had alleged that IAF had lost Rafales during Operation Sindoor has been held in France on spying charges
  • An ordinary zari worked living just 100km away from Kolkata was stunned to find Rs 100cr deposited in the bank account. The bank has frozen her account pending enquiry
  • Businessmen in Kolkata gets a Rs 5-crore extortion call, allegedly from the Lawrence Bishnoi gang
  • NTA floats tenders to secure offices and exam materials round-the-clock
Tarun Tejpal, former editor of Tehelka, was sentenced to 10 years in jail by Bombay HC for raping a colleague. This judgment overturns the acquittal by a Goa sessions court
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.