Kolkata: The Bengal government on Wednesday reportedly told the Supreme Court that a state governor cannot examine the legislative competence of a bill passed
by the assembly.
Senior advocate Kapil Sibal, representing Bengal, argued before a five-judge Constitution bench headed by Chief Justice BR Gavai that since Independence, there have been hardly any instances where the President withheld assent to a bill passed by Parliament, noting that the will of the people should be respected.
Sibal submitted that challenges to legislation are a matter for the courts, not the governor. “A legislation can be challenged in a court of law by citizens or others. It is rare that a Governor refuses assent,” he said, emphasising the urgency of implementing the will of the legislature.
CJI Gavai questioned whether a governor should reserve a bill for the President if it appears repugnant to central law. Sibal acknowledged such cases are rare, stressing that bills passed by the legislature carry a presumption of constitutionality to be tested in courts. Justice Surya Kant noted that a Governor must apply his mind to possible repugnancy but cannot act as a “super legislative body.”
Sibal further highlighted the importance of state legislature sovereignty, arguing that governors should not delay bills, and stressed the need for constitutional interpretation to avoid discord.
The top court has noted that judicial review forms part of the Constitution’s basic structure and that it cannot avoid answering constitutional questions, even if
politically sensitive.