Tamil Nadu Governor return 10 bill, state call for special session
- November 17, 2023
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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Tamil Nadu Governor return 10 bill, state call for special session
Subject :Polity
Section: Federalism
Context: Tamil Nadu Governor R N Ravi returned 10 pending Bills to the state government
More about the news:
- Tamil Nadu Governor R N Ravi has returned 10 pending Bills to the state government, including one concerning the state government’s power to appoint university vice-chancellors.
- This move comes days after the Supreme Court expressed concern about Governors not acting on Bills.
- The DMK-led government, which has had disagreements with Ravi, has called a special Assembly session to address these Bills.
- The Speaker stated that discussions on the Supreme Court’s observations, Governor, or President would not take place during the session.
- The government had filed an affidavit accusing the Governor of neglecting constitutional duties and hindering governance, leading to a “constitutional deadlock.”
- The Supreme Court recently ruled on a similar case in Punjab, emphasizing the importance of not casting doubt on the legislature’s session.
- The standoff raises constitutional questions about the role and powers of Governors in approving Bills passed by the Assembly, with concerns about potential overreach by Raj Bhavan.
What is the constitutional provisions related to Governor assent to the bill:
- Article 200 of the Constitution outlines four options available to a Governor when a legislature-passed Bill is presented for assent:
- Grant assent immediately.
- Withhold assent.
- Return the Bill to the legislature, requesting reconsideration of the Bill or specific provisions.
- If the legislature reapproves the Bill, with or without accepting Governor-suggested amendments, the Governor is constitutionally obligated to grant assent.
- Alternatively, the Governor may reserve the Bill for the President’s consideration.
- In the case of Presidential considerationi.eArticle 201 the decision to grant or withhold assent is made by the President. Notably, there is no specified timeframe for the President to decide on the Bill’s outcome.
Do Governors have discretion:
- Governors did have a discretion to return Bills before the first provision in the draft Article 175(now Article 200).
- This was amended by the Constituent Assembly in 1949.
- The first provision to Article 200 is thus a saving clause and retains the discretion over the fate of the Bill solely in the hands of the State Cabinet.
- Article 163 makes it clear the Governor is not expected to act independently.
- The Supreme Court in the Shamsher Singh case verdict has held that a Governor exercises all his powers and functions conferred on him by or under the Constitution on the aid and advice of his Council of Ministers save in spheres where the Governor is required by or under the Constitution to exercise his functions in his discretion.
- The assent or return of the Bill does not involve the discretion of individuals occupying the Governor’s post.
What are various Supreme Court observations
- Purushothaman Nambudiri vs State of Kerala (1962):
- The Constitution Bench clarified that no specific time limit is imposed by the Constitution for the Governor to provide assent to Bills.
- Emphasized that the Governor must align actions with the will of the Legislature and operate in harmony with their Council of Ministers.
- The Supreme Court asserted that withholding assent to a law validly passed by the Legislature constitutes a direct attack on the federal structure of the Constitution.Noting that causing delays in assenting to Bills would be an arbitrary exercise, contradicting the constitutional spirit.
- Shamsher Singh vs State of Punjab (1974):
- A 7-judge Constitution Benchoutlined that the President and Governor should exercise their formal constitutional powers based on the advice of their Ministers, with few well-known exceptions.
- Nabam Rebia case (2016):
- The SC cited B R Ambedkar’s observations, stating that the Governor has no independent functions to execute but does have specific duties to perform, urging recognition of this distinction by the House.
- Ruled that Article 163 of the Constitution does not grant the Governor general discretionary power to act against or without the advice of the Council of Ministers.
- Rajiv Gandhi assassination case (2018):
- The SC expressed dissatisfaction with the Governor’s delay in taking action on the release of seven convicted prisoners, citing a lapse of more than two years.
What are the other Constitutional Position related to Governor:
- Article 153 of the Indian Constitution mandates the appointment of a Governor in each state. The 7th Amendment to the Constitution however, allows for the appointment of the same person as Governor of two or more states.
- Article 154: The Governor shall have executive power over the state, which he shall exercise either directly or through officers subordinate to him in conformity with this Constitution.
- Article 163: There shall be a council of ministers, led by the Chief Minister, to assist and advise the Governor in the exercise of his powers, except when he is compelled to execute his functions at his discretion.
- Article 164: The council of ministers is collectively responsible to the state’s legislative assembly. This provision is the cornerstone of the state’s parliamentary system of governance.
- The Governor has the same Executive, Legislative, Financial, and Judicial authorities as the President of India. However, the Governor’s power is restricted in several ways compared to that of the President, as the Governor lacks the President’s military, diplomatic, and emergency authorities.