Hindi English Translation || Editorial || None too soon: On Governor’s and the judiciary’s reminder on Bills

None too soon: On Governor’s and the judiciary’s reminder on Bills

Delay in conveying decision on assent (सहमति, अनुमति) to Bills is constitutionally (सम्वैधानिक रूप से) impermissible

The Supreme Court has given a timely (समय पर) reminder to Governors that the Constitution (संविधान) expects that a decision to return a Bill to the State Assembly (राज्य विधानसभा) for reconsideration (पुनर्विचार, पुनर्परीक्षा) should be made “as soon as possible”. It has drawn attention to the phrase found in the first proviso (condition, stipulation, provision, clause, requirement) to Article 200, seeking to convey a sense of immediacy (तात्कालिकता, शीघ्रता) in the matter of returning a Bill. “The expression (अभिव्यक्ति, कथन) ‘as soon as possible’ contains significant constitutional content (point, message, (subject) matter) and must be borne in mind by constitutional authorities (अधिकारी),” the Court observed (comment, remark, mention, say, state, pronounce). This effectively means it would be constitutionally impermissible (अस्वीकार्य) for Governors to hold on to Bills indefinitely (अनिश्चित काल तक) without communicating their decision to the House. The Telangana Governor, Dr. Tamilisai Soundararajan, against whose apparent inaction (निष्क्रियता) on several Bills the State had approached the Court, communicated to the Court that no Bills were pending with her, and that she had returned two Bills for reconsideration, while seeking further information from the government on a few others. Based on this, the Court disposed (deal with something (a problem/question) successfully, settle; discard, get rid of, do away with, throw away/out) of the petition, but kept open questions that arose from the issue for consideration in an appropriate case. The Court’s observation (अवलोकन, टिप्पणी) addresses (tackle, deal with, attend to, try to sort out) the issue of delay, but it is only one aspect of the controversy. The issue of granting assent is seen in most parliamentary democracies (a system of government in which citizens elect representatives to a legislative parliament to make the necessary laws and decisions for the country) as a formality, but the peculiar (specific, distinctive, particular, special, characteristic, distinct) discretionary powers (it means the authority, which provides an administrative agency or official with some degree of latitude (freedom) in regard to choosing the most reasonable decision among several decisions in compliance with public and private interests) with which Governors are clothed in India have given much scope for controversy.

The Governor’s power to withhold (stop, check; to refuse to give something; to refrain from giving permission) assent or return a Bill, with a message, for reconsideration is seen as discretionary (personal, subjective, optional, voluntary, non-compulsory, non-mandatory, unrestricted, up to the individual). In the Constituent Assembly (The Constituent Assembly of India, consisting of indirectly elected representatives, was established to draft a constitution for India. It existed for approx. three years, the first parliament of India after independence in 1947), it was explicitly (absolutely, directly, clearly, categorically, conclusively, unconditionally, unequivocally, unambiguously, unqualifiedly, outright) clarified that returning a Bill was to be done only on advice, and that it was an enabling provision for a government to recall (call back, summon back, bring back) a pending Bill in case it had second thoughts (an idea taking place later; later thought, afterthought, reconsideration, re-think) on its advisability (preferability, desirability, prudence, helpfulness). There are three clear problems associated with Article 200, which deals with assent to Bills: the absence of a time limit for acting on Bills, the scope for reserving a Bill for the President’s consideration (attention, analysis; examination, scrutiny) against the express (prompt, rapid, swift, quick, speedy) advice of the Cabinet and the claim that the Governor can kill any Bill by declining assent. The mischief (bad behaviour, misconduct) lies in Article 163, which hedges (safeguard, protect, shield, guard, cushion, cover (you from risks)) the primary rule that the Governors function on the ‘aid and advice (The real authority to take decisions lies in the elected government. This is the meaning of ‘aid and advice’. Titular head (Governor/Lt. Governor) has to act in accordance to aid and advice)’ of the Cabinet, with a clause that prohibits any inquiry into whether a particular matter fell within their discretion ((personal) choice, wish, preference, volition, disposition, option) or not. These provisions give abundant (ample, generous, plentiful, large, huge) scope for conflict between the government and Raj Bhavan. There is no doubt that these ought to (must, should) be changed, either by amending the Constitution or through an appropriate Supreme Court verdict, so that misuse (wrong/illegal use, utilization, misemployment, misapplication) of gubernatorial (relating to a state governor (and or his/her office)) discretion can be kept in check.

Courtesy: The Hindu

Important Word List With Meaning

1.judiciary (noun)

Hindi Meaning - न्यायतंत्र
English Meaning - a branch of government in which judicial power is vested; judges collectively.

2.assent (noun)

Hindi Meaning - सहमति, अनुमति
English Meaning - approval, agreement, acceptance, consent, concurrence.

3.constitutionally (adverb)

Hindi Meaning - सम्वैधानिक रूप से
English Meaning - in a way that is following the constitution.

4.impermissible (adjective)

Hindi Meaning - अस्वीकार्य
English Meaning - not allowed, not permitted; unsatisfactory, inappropriate, unsuitable.

5.timely (adjective)

Hindi Meaning - समय पर
English Meaning - prompt, appropriate, opportune, well timed, at the right time.

6.constitution (noun)

Hindi Meaning - संविधान
English Meaning - body of law; system of rules; regulations, fundamental principles, charter.

7.State Assembly (noun)

Hindi Meaning - राज्य विधानसभा
English Meaning - a legislative body in the states and union territories of India.

8.reconsideration (noun)

Hindi Meaning - पुनर्विचार, पुनर्परीक्षा
English Meaning - re-examination, reassessment, re-evaluation.

9.draw attention to (phrase)

Hindi Meaning - की ओर ध्यान आकर्षित
English Meaning - highlight, underline, underscore, emphasize, stress, point up.

10.immediacy (noun)

Hindi Meaning - तात्कालिकता, शीघ्रता
English Meaning - rapidity, quickness, promptness.

11.expression (noun)

Hindi Meaning - अभिव्यक्ति, कथन
English Meaning - utterance, pronouncement, declaration, statement.

12.authorities (noun)

Hindi Meaning - अधिकारी
English Meaning - officials, officialdom, the people in charge, the bureaucracy.

13.indefinitely (adverb)

Hindi Meaning - अनिश्चित काल तक
English Meaning - forever, without a fixed time limit, for an unspecified time/period.

14.inaction (noun)

Hindi Meaning - निष्क्रियता
English Meaning - inactivity, passivity, apathy, negligence, disregard.

15.observation (noun)

Hindi Meaning - अवलोकन, टिप्पणी
English Meaning - remark, comment, statement, pronouncement.

16.none too soon (noun)

English Meaning - just in time; at the last possible moment.

17.Bill (noun)

English Meaning - A Bill is a draft statute that becomes law after it is passed. All legislative proposals are brought before Parliament in the forms of Bills (or) draft statute/law, proposed legislation, proposal (presented to parliament/congress/council for discussion).

18.The Constitution of India (noun)

English Meaning - India, also known as Bharat, is a Union of States. It is a Sovereign Socialist Secular Democratic Republic with a parliamentary system of government. The Republic is governed in terms of the Constitution of India which was adopted by the Constitu

19.proviso (noun)

English Meaning - condition, stipulation, provision, clause, requirement.

20.Article 200 of the Constitution (noun)

English Meaning - Assent to Bills; it deals with “governors dealing with bills”. Article 200 provides options to the Governor when a Bill is presented to him after being passed by the legislature. These options are: to give assent; to withhold assent; to send it back to the Assembly to reconsider it; or to send the Bill to the President for his consideration.

21.seek (verb)

English Meaning - try, aim, attempt.

22.content (noun)

English Meaning - point, message, (subject) matter.

23.bear in mind (phrase)

English Meaning - take into account, take into consideration, be mindful, remember, heed.

24.observe (verb)

English Meaning - comment, remark, mention, say, state, pronounce.

25.hold on to (phrasal verb)

English Meaning - keep or retain something, hang on to, not give away.

26.dispose (of) (verb)

English Meaning - deal with something (a problem/question) successfully, settle; discard, get rid of, do away with, throw away/out.

27.address (verb)

English Meaning - tackle, deal with, attend to, try to sort out.

28.parliamentary democracy (noun)

English Meaning - a system of government in which citizens elect representatives to a legislative parliament to make the necessary laws and decisions for the country.

29.peculiar (adjective)

English Meaning - specific, distinctive, particular, special, characteristic, distinct.

30.discretionary power (noun)

English Meaning - it means the authority, which provides an administrative agency or official with some degree of latitude (freedom) in regard to choosing the most reasonable decision among several decisions in compliance with public and private interests.

31.clothe in (verb)

English Meaning - endow, provide, give with a specific quality.

32.discretionary (adjective)

English Meaning - personal, subjective, optional, voluntary, non-compulsory, non-mandatory, unrestricted, up to the individual.

33.Constituent Assembly (noun)

English Meaning - The Constituent Assembly of India, consisting of indirectly elected representatives, was established to draft a constitution for India. It existed for approx. three years, the first parliament of India after independence in 1947.

34.explicitly (adverb)

English Meaning - absolutely, directly, clearly, categorically, conclusively, unconditionally, unequivocally, unambiguously, unqualifiedly, outright.

35.recall (verb)

English Meaning - call back, summon back, bring back.

36.second thought (noun)

English Meaning - an idea taking place later; later thought, afterthought, reconsideration, re-think.

37.advisability (noun)

English Meaning - preferability, desirability, prudence, helpfulness.

38.consideration (noun)

English Meaning - attention, analysis; examination, scrutiny.

39.express (adjective)

English Meaning - prompt, rapid, swift, quick, speedy.

40.mischief (noun)

English Meaning - bad behaviour, misconduct.

41.Article 163 of the Constitution (noun)

English Meaning - it says that “Council of Ministers to aid and advise Governor”

42.Article 163 (1) of the Constitution of India (noun)

English Meaning - There shall be a Council of Ministers with the Chief Minister as the head to aid and advise the Governor in the exercise of his functions, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.

43.Article 163 (2) of the Constitution of India (noun)

English Meaning - If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.

44.Article 163 (3) of the Constitution of India (noun)

English Meaning - The question whether any, and if so what, advice was tendered by Ministers to the Governor shall not be inquired into in any Court.

45.hedge (verb)

English Meaning - safeguard, protect, shield, guard, cushion, cover (you from risks).

46.aid and advice (phrase)

English Meaning - The real authority to take decisions lies in the elected government. This is the meaning of ‘aid and advice’. Titular head (Governor/Lt. Governor) has to act in accordance to aid and advice.

47.discretion (noun)

English Meaning - (personal) choice, wish, preference, volition, disposition, option.

48.abundant (adjective)

English Meaning - ample, generous, plentiful, large, huge.

49.ought to (modal verb)

English Meaning - must, should.

50.misuse (noun)

English Meaning - wrong/illegal use, utilization, misemployment, misapplication.

51.gubernatorial (adjective)

English Meaning - relating to a state governor (and or his/her office).

52.keep in check (phrase)

English Meaning - to keep someone under control; stifle, restrain, hold back.