The Polit Bureau of the Communist Party of India (Marxist) has issued the following statement:
Supreme Court Advisory on Governor’s Role Disappointing
The Supreme Court’s advisory opinion on the Presidential reference regarding the powers of Governors under Article 200 of the Constitution, is disappointing. It will not in anyway check the assault on the rights of states that is ongoing due to the over-centralisation of powers in the hands of the Centre. By stating that Governors have discretionary powers in dealing with bills passed by the state legislature and no time limits can be set, the opinion will only encourage the extra- constitutional powers Governors are exercising in opposition-ruled states.
Particularly retrograde is the suggestion that the Governor is not bound to give assent to a bill which has been adopted a second time by the state legislature after it was sent for reconsideration by the Governor. The Governor can instead refer the bill to the President and thereby get it indefinitely delayed. The only relief given is that in the face of a prolonged inaction by the Governor on a pending bill, there can be limited judicial intervention. This too is ambiguous and vague, since there is no definition as to what constitutes prolonged inaction or delay.
The Supreme Court advisory is thus devoid of any constitutional checks and balances on the arbitrary functioning of Governors who are acting as political agents of the Centre.