NEW DELHI: With confrontations between elected state govts and governors appointed by the Centre becoming frequent in recent years, particularly in opposition-governed states, the Supreme Court on Tuesday said the constitutional head of a state should be guided by the values of the Constitution and "not by political expediency ".
The court said the governor must respect the will of the people which was reflected in the decisions taken by elected representatives in the assembly and refrain from creating roadblocks. It said the governor should keep in mind the high constitutional office he occupied and as the constitutional head of the state, he was obliged to accord primacy to the will and welfare of the people of the state and work in harmony with the state machinery.
"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 parliamentary democracy, respecting the will of the people expressed through the legislature as well as the elected government responsible to the people. He must perform his role of a friend, philosopher and guide, with dispassion, guided not by considerations of political expediency but by the sanctity of the constitutional oath he undertook. 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," a bench of Justices J B Pardiwala and R Mahadevan said.
Reading out the operative part of the verdict, Justice Pardiwala said the governor must not create roadblocks or prevent the state legislature from passing law for political ends. "Members of the state legislature have been elected by the people of the state as a result of the democratic outcome and are better attuned to ensure the well-being of the people," it 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. They must look within and reflect whether their actions are informed by the constitutional oath and the course of actions adopted by them furthers the ideals of the Constitution," the court said.
Justice Pardiwala quoted B R Ambedkar and said, "However good a Constitution may be, if those who are implementing it are not good, it will prove to be bad. However bad a Constitution may be, if those implementing it are good, it will prove to be good."
The court said the governor must respect the will of the people which was reflected in the decisions taken by elected representatives in the assembly and refrain from creating roadblocks. It said the governor should keep in mind the high constitutional office he occupied and as the constitutional head of the state, he was obliged to accord primacy to the will and welfare of the people of the state and work in harmony with the state machinery.
"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 parliamentary democracy, respecting the will of the people expressed through the legislature as well as the elected government responsible to the people. He must perform his role of a friend, philosopher and guide, with dispassion, guided not by considerations of political expediency but by the sanctity of the constitutional oath he undertook. 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," a bench of Justices J B Pardiwala and R Mahadevan said.
Reading out the operative part of the verdict, Justice Pardiwala said the governor must not create roadblocks or prevent the state legislature from passing law for political ends. "Members of the state legislature have been elected by the people of the state as a result of the democratic outcome and are better attuned to ensure the well-being of the people," it 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. They must look within and reflect whether their actions are informed by the constitutional oath and the course of actions adopted by them furthers the ideals of the Constitution," the court said.
Justice Pardiwala quoted B R Ambedkar and said, "However good a Constitution may be, if those who are implementing it are not good, it will prove to be bad. However bad a Constitution may be, if those implementing it are good, it will prove to be good."
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