Institute of Legal and Management Studies

Former Supreme Court Judge Justice KM Joseph hailed the Supreme Court's recent verdict which laid down timelines for the President and Governors to decide on giving assent for the Bills passed by the State Legislative Assemblies.

"So far as the fixation of time is concerned, it is my humble submission that the Supreme Court of India has not done anything wrong. On the other hand, I would justify it as it would further the cause of democracy and federalism,” Justice Joseph said, reported The Hindu.

He was speaking at a seminar on the 'Role of judiciary in the matter of powers of Governors' organised by the State committee of the All India Lawyers' Union at Kochi on Saturday. He said the Governor had a very limited role when a Bill is sent to him for assent.

While the Governor can be a vital link between the State and the Union, Justice Joseph pointed out that the Supreme Court judgment held that the Governor cannot act as an employee, agent or representative of the Centre.

The judgment, delivered by a bench comprising Justice JB Pardiwala and Justice R Mahadevan on April 8 in a case filed by the State of Tamil Nadu against the Governor over the delay in granting assent to Bills, attracted sharp criticism from the executive functionaries. Vice President Jagdeep Dhankhar launched a scathing criticism against the judgment for giving directions to the President and for using Article 142 powers to declare that the Tamil Nadu Bills have got deemed assent. Dhankhar said that the judiciary was trying to be a "super-Parliament" and that Article 142 has become a "nuclear missile available with the judiciary 24x7 for being used against democratic forces."

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