‘States cannot file petitions against decisions of President-Governor on bills’; Centre’s argument

New Delhi: The Central Government on Thursday told the Supreme Court that state governments cannot file a petition in the Supreme Court against the decision taken by the President or Governor on the bills passed by the Assembly, even if the state says that it has violated the fundamental rights of the people.

Solicitor General Tushar Mehta, appearing on behalf of the Central Government, said this before a five-judge Constitution Bench headed by Chief Justice BR Gavai. The Constitution Bench also included Justice Suryakant, Justice Vikram Nath, Justice PS Narasimha and Justice AS Chandurkar. Mehta said that the President wants to take the opinion of the Supreme Court on whether state governments can file such petitions under Article 32 of the Constitution. He also said that the President also wants to know what is the scope of Article 361 of the Constitution. This article says that the President or the Governor will not be answerable to any court for the discharge of their rights and duties.

Mehta told the Constitution Bench that these questions have been discussed earlier as well. But the President is of the opinion that a clear opinion of the court is necessary, because such a case may arise again in the future. He said that under Article 32, a petition challenging the decisions of the President or the Governor on behalf of the state government cannot be accepted. Neither can the court give any direction in such cases nor can these decisions be challenged in the court.

He further said, Article 32 is used when fundamental rights are violated. But in the constitutional framework, the state government itself does not have fundamental rights. The role of the state government is to protect the fundamental rights of its citizens. The Solicitor General also referred to the decision of April 8, in which the Supreme Court had said that if the Governor does not decide on the bills within the time limit, then the state can directly approach the Supreme Court.