Supreme Court Judgment: State of Tamil Nadu v. Governor of Tamil Nadu (2025)
The judgment reinforces the principles of parliamentary democracy in India, emphasizing the constitutional roles of the President and Governors.
Parliamentary vs. Presidential System
- Dr. B.R. Ambedkar's View: Emphasized the preference for a parliamentary system over presidential for more responsibility, not stability.
- Comparative Analysis:
- In the U.S., the President is the Chief Executive.
- In India, the President is akin to the ceremonial role of the British monarch.
- The President acts on ministerial advice.
Constitutional Articles and Provisions
- Article 52: Establishes the President of India.
- Article 74: Council of Ministers led by the Prime Minister advises the President.
- Article 153: Establishes a Governor for each state.
- Article 163: Council of Ministers led by the Chief Minister advises the Governor.
Constitutional Interpretation and Judicial Precedents
- Shamsher Singh v. State of Punjab (1974): President as a constitutional head acts on ministerial advice.
- Nabam Rebia v. Deputy Speaker (2016): Reiterated the President and Governor's constitutional adherence.
Oaths and Duties
- Article 60 & 159: Mandate the President and Governors to preserve, protect, and defend the Constitution.
- Presidents and Governors must serve public interest and act within constitutional bounds.
Supreme Court's Reminder
- Reminded constitutional heads to respect the Constitution and the will of the people.
- Dushyant Dave's Commentary: Criticized some Governors for not maintaining constitutional decorum.
