Supreme Court Reserves Judgment on Tamil Nadu Governor’s Assent withholding
NEW DELHI: The Supreme Court has reserved its judgment on petitions filed by the Tamil Nadu government against Governor R.N. Ravi for withholding assent on 12 bills that were passed by the state assembly. The court questioned the governor’s authority to refer these bills to the President after they were resent for reconsideration.
Key Developments in the Case
A bench comprising Justices J.B. Pardiwala and R. Mahadevan concluded hearings after four days of proceedings. The court has formulated eight critical questions regarding the role of the governor when a bill is submitted for approval. Previously, the bench noted that the Tamil Nadu governor appeared to have “devised his own procedure” for withholding assent and subsequently referring the bills to the President.
Arguments from the Attorney General
Attorney General R. Venkataramani, representing Governor Ravi, argued that there was no malice in the governor’s actions, asserting that he was fulfilling his constitutional duties. Venkataramani emphasized that when a state government introduces a bill and the governor withholds assent, the bill effectively ceases to exist. He pointed out that the governor is not required to follow the procedure outlined in the first proviso when a bill has not been sent back for reconsideration.
Understanding the First Proviso
The first proviso states that the governor may return a non-money bill to the legislative assembly, accompanied by a message requesting reconsideration. If the assembly passes the bill again and presents it for assent, the governor is obliged not to withhold assent.
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