Supreme Court Questions Tamil Nadu Governor’s Authority on Bill Referrals
NEW DELHI: In a significant legal development, the Supreme Court has raised questions regarding Tamil Nadu Governor R N Ravi’s decision to refer state bills to the President after they were reconsidered by the state assembly. The court’s inquiry comes in response to the governor’s assertion that he acted within his legal duties, refuting claims of malice from the state government.
Understanding the Legal Context
Attorney General R Venkataramani, representing Governor Ravi, stated that the governor serves as a neutral adviser under Article 200 of the Constitution. He clarified that when a state government presents a bill to the governor for assent, and the governor withholds assent, the bill ceases to exist. Consequently, the governor is not obliged to follow the first proviso process unless the bill is within the constitutional framework.
The Role of the First Proviso
The first proviso stipulates that the governor can return a bill for reconsideration if it is not a money bill. However, the Supreme Court bench questioned the rationale behind the governor sending bills to the President after the assembly had resent them post-reconsideration. The bench emphasized the necessity of adhering to the first proviso, summarizing the AG’s arguments by stating, “You are saying to ignore the proviso and the proviso has no application.”
Implications of Repugnancy
Venkataramani contended that the first proviso applies only to bills that are constitutionally valid but may require amendments. He argued that insisting the governor follow the first proviso regardless of other objections, such as repugnancy, would be tantamount to rewriting constitutional provisions.
This judicial scrutiny of the governor’s actions is crucial in understanding the balance of power within the Indian political framework. As these legal proceedings continue, citizens can stay informed about the latest developments by visiting Looffers.com, your go-to source for trending news and insightful analysis.
