‘Mere judicial overreach! Then why do we have a Parliament?’: Arlekar on SC timeline for Guvs

New Delhi: Kerala Governor Rajendra Arlekar has strongly criticised the Supreme Court of India in the wake of the apex court’s verdict concerning the Governor of Tamil Nadu. In an interview with the Hindustan Times, he argued that the ruling overstepped constitutional boundaries, asserting that such matters fall under the purview of the Parliament, not the judiciary.

Earlier this week, the Supreme Court cleared 10 Bills that were stalled and reserved by Tamil Nadu Governor R N Ravi for the President's consideration. It also set a timeline for all Governors to act on Bills passed by state assemblies.

The apex court set a clear timeline—no more than three months—for granting assent to Bills passed by state legislatures, thus ending the practice of indefinite delays used to undermine state governments."

The Supreme Court bench, comprising Justices J.B. Pardiwala and R. Mahadevan, had delivered the judgement. However, Governor Arlekar has now questioned the legitimacy of the verdict, pointing out that a two-judge bench should not have the authority to impose such a ruling. “There is no timeframe stipulated in the Constitution for a Governor to act. So how can two judges decide on such a time limit? If that is the case, what need is there for Parliament at all?” he asked.

Arlekar expressed concern over what he described as judicial overreach, arguing that only a constitutional amendment passed by both Houses of Parliament with a two-thirds majority has the power to make such changes. “It is inappropriate for the judiciary to assume such authority. If that is the case, I don’t think we need a Parliament at all,” he said in the interview.

He further stated that the Supreme Court's judgement in this matter is not universally applicable, particularly not in the context of Kerala. He also contended that the bench hearing the case should have referred the matter to a larger constitutional bench, given its implications.

Calling the ruling an overstep of the court's mandate, Rajendra Arlekar insisted that the judiciary must refrain from encroaching on areas reserved for the legislature.