Governor cannot act as 'super CM', Tamil Nadu tells Supreme Court in federal structure debate

Tamil Nadu argued in the Supreme Court that a Governor cannot act as a "super Chief Minister" and has limited discretion, countering the Centre's view of wide gubernatorial powers. Senior advocate A.M. Singhvi, representing Tamil Nadu, stated that the Governor is a "lubricator" or "facilitator," not a legislator, and acts on the aid and advice of the Council of Ministers. The State questioned how a Governor could have the final say on a Bill, emphasizing that general discretion would create chaos in responsible governments. The Centre, represented by Solicitor-General Tushar Mehta, argued that a State cannot file an Article 32 petition for fundamental rights violation by the Governor, who enjoys "complete immunity" under Article 361.

Key Points

  • Tamil Nadu argued in the Supreme Court that a Governor's role is limited to a "lubricator" or "facilitator," not a "super Chief Minister."
  • The Governor must act on the aid and advice of the Council of Ministers, especially regarding legislative processes.
  • Tamil Nadu challenged the notion of wide gubernatorial discretion, stating it would lead to chaos in responsible governments.
  • The Centre contended that a State cannot invoke Article 32 for fundamental rights violations by the Governor, who has immunity under Article 361.
  • The debate highlights the ongoing tensions and constitutional interpretations regarding the powers of the Governor and the federal structure.

Exam Facts

  • Article 200 deals with the Governor's assent to State Bills.
  • Article 32 grants the right to constitutional remedies, allowing citizens to move the Supreme Court for fundamental rights violations.
  • Article 361 provides protection to the President and Governors from legal proceedings.
  • The Presidential Reference Bench was headed by Chief Justice of India B.R. Gavai.

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All current affairs of 29 August 2025