In a major ruling reinforcing the constitutional responsibilities of Governors, the Supreme Court of India firmly stated that Governors must act with full respect towards parliamentary democracy and the mandate of the people. The Court warned that any obstruction to the functioning of elected state governments goes against the Constitution and the spirit of democracy.
“We are not undermining the office of the Governor. All we say is that the Governor must act with due deference to the settled conventions of the Parliamentary democracy, respecting the will of the people expressed through the legislature as well as the elected government responsible to the people,” the Supreme Court observed.
This powerful reminder came from a bench comprising Justice J.B. Pardiwala and Justice R. Mahadevan while declaring the Tamil Nadu Governor’s decision to withhold assent on ten bills passed again by the State Assembly as illegal. These bills were earlier reserved by the Governor for the President’s assent.
The Court underlined that the Governor is not a political figure but a constitutional authority, expected to work as a “friend, philosopher, and guide” to the state government. His role must be rooted in the constitutional oath, not in political convenience.
“He must perform his role of a friend, a philosopher and guide, with dispassion, guided not by considerations of political expediency but by the sanctity of the Constitutional oath he undertook,” the Court explained.
The judgment emphasized that during times of political disagreement, the Governor should act as a bridge, not a block. His responsibility is to enable governance, not stall it.
“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. He must be the catalyst and not the inhibitor.”
The Court made it clear that any attempt to delay or block legislative action, or to challenge the people’s electoral choice, would be a violation of the Constitution:
“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... any expression contrary to the express choice of the people, in other words, the State legislature, would be a renege on the Constitutional oath.”
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Further, the bench stressed that those in high constitutional offices must always act in line with the foundational values of the Constitution. These values, the Court noted, are the product of long-standing struggles and sacrifices by the leaders who built modern India.
“The 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.”
Justice J.B. Pardiwala, who authored the ruling, ended the judgment with a profound reminder from Dr. B.R. Ambedkar:
“However good a constitution may be, if those who are implementing it are not good, it will prove to be bad.”
