Former Chief Justice of India BR Gavai’s comments on the import of the Supreme Court’s five-judge bench order in the presidential reference case may serve to soften public perception of the issue, but the law laid down imposes no compulsion on governors to act with alacrity to give assent to bills.

In its order of November 20, the bench led by Justice Gavai addressed 14 questions in the presidential reference, upholding the discretionary power of governors under Article 200 and viewing the prescription of timelines for gubernatorial action as contrary to the constitutional scheme of elasticity for authorities. Neither could a timeline be prescribed for the President to decide on legislation under Article 201.

The........

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