Supreme Court of India.
| Photo Credit: Shashi Shekhar Kashyap
The Supreme Court on Tuesday (April 8, 2025) observed in its judgment that actions of the Governor which impede the will of the people reneges the Constitutional oath of office.
“The Governor as the Constitutional head of the State is obliged to accord primacy to the will and welfare of the people of the State and earnestly work in harmony with the State machinery,” the top court said.
The observations were made by a Bench headed by Justice J.B. Pardiwala which found the conduct of the Tamil Governor delaying assent on Bills sent to him by the State Legislature and subsequently reserving the proposed laws for the consideration of the President “erroneous in law”.
“In times of conflict, he must be the harbinger of consensus and resolution, lubricating the functioning of the State machinery by his sagacity and wisdom, and not bring it to a standstill,” the court said.
Justice Pardiwala explained the State Legislative Assembly worked the will of the people as their representatives in a democracy.
“The Governor must be conscious to not create roadblocks or chokehold the State legislature in order to thwart and break the will of the people for political ends,” the top court observed.
The court said Constitutional authorities occupying high offices must be guided by the values of the Constitution.
“These values that are so cherished by the people of India are a result of years of struggles and sacrifices by our forefathers. When called upon to take decisions, such authorities must not give into ephemeral political considerations but rather be guided by the spirit that underlies the Constitution,” the court said.
Published – April 08, 2025 09:44 pm IST