Shaktimatha Today – Current Affairs

Saturday, 7 February 2026

📘 Special Topic – Indian Polity (English)

Role of Governor vs State Legislative Assembly

Page 4: Supreme Court Judgments, Misuse & Judicial Limits

1. Judicial View on Governor’s Role

The Supreme Court has repeatedly clarified that the Governor is not an independent political authority but a constitutional functionary bound by democratic principles. Judicial intervention has become necessary due to recurring misuse of discretionary powers.

2. S.R. Bommai Case (1994)

In this landmark judgment, the Supreme Court laid down strict limits on the use of Article 356.

President’s Rule is subject to judicial review
Majority must be tested on the floor of the Assembly
Governor’s reports are not beyond scrutiny

This case reinforced the supremacy of the elected Assembly over the subjective satisfaction of the Governor.

3. Nabam Rebia Case (2016)

The Supreme Court held that the Governor cannot interfere in the internal proceedings of the State Legislature.

Governor cannot advance or delay Assembly sessions arbitrarily
Discretionary powers must be exercised sparingly
Democratic process inside the Assembly must remain autonomous

4. Recent Judicial Trends

Recent judgments have emphasized:

Time-bound assent to Bills passed by Assemblies
Neutral conduct during government formation
Respect for federal structure

5. Patterns of Misuse

Delaying assent to Bills for political reasons
Selective use of discretionary powers
Acting as an agent of the Union government

Such practices erode public trust and weaken cooperative federalism.

6. Limits of Judicial Control

While courts can correct constitutional violations, excessive judicial intervention may also blur the separation of powers. Hence, judicial review acts as a corrective mechanism, not a substitute for constitutional morality.

Mains Insight:
“Judicial vigilance can restrain misuse of power, but constitutional morality must prevent it.”

Continue to Page 5: Reforms, Way Forward & Essay-Style Conclusion