Suprme Court today pulled up the Tamil Nadu governor R N Ravi for ‘sitting over’ Bills. The apex court said reservation of 10 Bills by him for consideration of the president was in contravention of constitutional provisions. Chief Minister Stalin has described the judgment as ‘historic,’ while maintaining that ‘this victory is not just for Tamil Nadu but all state governments in India.’
A bench of Justices J B Pardiwala and R Mahadevan said that under Article 200 of the Constitution, the governor has no discretion and must mandatorily act on the aid and advice of the council of ministers. Article 200 of the Constitution deals with assent to Bills.
While pronouncing the judgment Justice Mahadevan asked several pertinent questions –
“What courses of action are available to the Governor under Article 200 and whether it provides an independent cause of action?”
“Whether scheme of Article 200 envisages absolute veto or pocket veto by the Governor.”
“Whether the decision in Punjab Case is said to be per incuriam for not considering larger bench decisions?”
“Whether the reservation of 10 bills by the Governor, which were re-passed by the Assembly, for the President, is erroneous in law?”
The bench said the governor cannot withhold assent and adopt concept of absolute veto or pocket veto. It said the governor is obligated to adopt one course of action — give assent to Bills, withhold assent and reserve for consideration of the president.
It further added that it was not open for the governor to reserve Bill for consideration of the president after it was presented to him for the second time.It said the governor must assent to the Bills produced before him in the second round and the only exception is in case the Bill in the second round is different from the first one