Archive · 18 Dec 2025
SC advisory opinion on governors' role sparks debate
The Supreme Court of India recently gave an advisory opinion on the role of governors in clearing bills passed by state legislatures.
The court said that governors cannot be given a strict time limit to clear bills, but they also cannot sit on bills indefinitely.
Some people think this opinion is flawed because it does not clearly define what 'prolonged' inaction means.
They argue that governors, who are not elected by the people, should not have so much power over elected legislatures.
The debate goes back to the time when India's Constitution was being written, where leaders like B.R. Ambedkar said governors should have limited, 'ornamental' roles.
Some even suggested that the position of governor might not be necessary if their functions are not useful.
Supreme Court's advisory opinion states that governors cannot be given strict time limits to clear bills.
Governors can still be directed to act within a 'reasonable time period' in cases of prolonged inaction.
The opinion is not binding on any court, but some argue it is flawed for not defining 'prolonged' inaction.
B.R. Ambedkar and other leaders in the Constitutional Assembly debated the governor's role, suggesting it should be limited and 'ornamental'.
Some critics argue that governors, being unelected, should not have the power to impose their views on elected legislatures.
- Who
- Supreme Court of India, Governors, State Legislatures, President of India
- What
- Supreme Court's advisory opinion on governors' role in clearing bills
- When
- November 20, 2023 (advisory opinion), May 31, 1949 (Constitutional Assembly debate)
- Where
- India
- Why
- To clarify the role and powers of governors in a parliamentary democracy
- Governor's Constitutional Options
- Assent, Reserve for President, Withhold Assent and Return with Comments
- Supreme Court's Stance
- Cannot impose timelines on governors to clear bills
- Pending Bill in West Bengal
- Nine years
- Governor Ravi's Pending Bills
- Three years
- Constitutional Assembly Debate
- May 31, 1949
- Ambedkar's View on Governor's Role
- Ornamental and should follow ministry's advice
- Biswanath Das's View
- Governor's functions are not useful and not worth the money paid