Paper: GS – II, Subject: Polity, Topic: Judiciary, Issue: Supreme Court on Presidential Reference.
Context:
The Supreme Court’s advisory on the 16th Presidential Reference reiterates that Governors must act responsibly, avoiding indefinite delays that breach constitutional morality and undermine democratic governance.
Key Highlights:
Reflections on Presidential and Gubernatorial Roles in India:
The Weight of High Office:
- Presidents and Governors: These positions hold significant power to do good or cause harm, but often incumbents choose a path of self-preservation, avoiding controversy.
- The Pen as a Symbol: The ever-present pen symbolizes the readiness to sign documents, highlighting the potential for both responsible and irresponsible actions.
- Abu Abraham’s Cartoon: The cartoonist immortalized the signing of the Emergency proclamation, underscoring the ease with which signatures can be affixed, even when dissent is warranted.
- Bias and Constitutional Responsibility: Refusing assent out of bias is as much an infraction as giving assent out of fear, both violating constitutional duties.
Examples of Principled Action:
- President R. Venkataraman (RV): Known for his confident use of authority, RV’s extensive experience allowed him to guide Prime Ministers, especially on matters where he held differing views.
- President K. R. Narayanan (KRN): Demonstrated independence by returning recommendations for dismissal of state governments, prioritizing fairness and constitutional morality over political alignment.
- Gujral Government: Recommended dismissal of Kalyan Singh government in Uttar Pradesh.
- Vajpayee Government: Recommended President’s Rule in Bihar.
- Fairness and Morality: RV and KRN’s actions were driven by a desire to caution and correct, fostering trust and respect from the government.
Constitutional Guardianship and Judicial Guidance:
The Supreme Court’s opinion underscores the delicate balance required in upholding the Constitution. It emphasizes the importance of acting with fairness, integrity, and a deep understanding of both the letter and the spirit of the law.
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