Representational Image (Photo: @Simran_n_n/X)
NEW DELHI, April 8: In a major victory to DMK - led Tamil Nadu government, the Supreme Court today cleared 10 Bills which were stalled and reserved by Governor RN Ravi for President's consideration while setting a timeline for Governor's to act on the Bills passed by State Assemblies.
JB Pardiwala and R Mahadevan held a bench of Justices, “Action of the Governor to reserve the 10 Bills for President is illegal and arbitrary and thus the action is set aside.”
"The 10 Bills shall be deemed to be clear from the date it was represented to the Governor." added by the court.
In the first-of-its-kind directions, the top court fixed a timeline within which Governor has to act on Bills passed by the State legislature. The apex court said there was no expressly specified time limit for the discharge of functions by Governor under Article 200 of the Constitution.
“Despite there being no prescribed time limits, Article 200 cannot be read in a manner which allows the Governor to not take action on the Bills, which are presented to him for assent and thereby delay essentially roadblock law-making machinery in the State,” it said.
Fixing the timeline, the bench said in case of withholding assent on a Bill and reserving it for President with the aid and advice of the Council of Ministers, the maximum period would be one month.
In case the Governor decided to withhold assent without the aid and advice of the Council of Ministers, the Bills must be returned to the Assembly within three months, it added.
The top court said in case of presentation of a Bill after reconsideration by the State Assembly, the Bills have to be given assent by the Governor within a period of one month.
The bench cautioned any failure to comply with the timeline would make the in action of Governor subject to judicial review by the courts.
The top court exercised its plenary power under Article 142 of the Constitution to make the Bill represented to the Tamil Nadu Governor, as deemed to have been passed.
It said the Governor must be conscious to not create “roadblocks or chokehold” the State legislature in order “to thwart and break the will of the people”.
“The members of State legislature, having been elected by the people of the State as an outcome of the
democratic expression, are better attuned to ensure the well-being of the people of the State,” the bench said.
Under Article 200 of the Constitution, the bench said, Governor did not possess any discretion and had to mandatorily act on the aid and advice of the Council of Ministers.
Article 200 of the Constitution empowers Governor to give assent to Bills presented to him, withhold the assent or to reserve it for the consideration of President.
The bench said Governor couldn’t sit over Bills and adopt the concept of “absolute veto” or “pocket veto”.
“Pocket veto” denotes a concept where Governor sits over the Bills without signing it and virtually making it ineffective.
The bench said Governor sitting over Bills, passed by the Assembly and presented to him, without any action made them just a “piece of paper” and “skeleton without flesh”.
Under Article 200 of the Constitution, Governor was obligated to adopt any one course of action give assent to Bills, withhold assent and reserve for consideration of President.
It was not open for Governor to reserve the Bill for consideration of President after it was presented to him for the second time, the bench said.