The Supreme Court of India is set to deliberate on two separate pleas filed by the Tamil Nadu and Kerala state governments. These pleas address the alleged delays by the respective state governors, RN Ravi of Tamil Nadu and Arif Mohammed Khan of Kerala, in granting assent to bills passed by the state assemblies.
Also read- Kerala Government Appeals To Supreme Court Over Governor’s Bill Assent Delay (lawchakra.in)
A bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra is scheduled to hear these pleas. The Tamil Nadu Assembly, in a proactive response, re-adopted 10 bills in a special sitting on November 18, following Governor RN Ravi’s return of these bills on November 13. These bills encompass various departments, including law, agriculture, and higher education, and were subsequently sent back to the governor for his assent.
The Supreme Court, on November 10, expressed serious concerns over the delay by the Tamil Nadu governor in giving assent to the bills, terming it a “matter of serious concern.” The court sought the Centre’s response on the state government’s petition, which accused the Raj Bhawan of “sitting over” 12 legislations. The court also requested the assistance of the attorney general or solicitor general in resolving the issue. The Tamil Nadu government has urged the Supreme Court to intervene, alleging that the governor’s actions are “unconstitutional” and obstruct the functioning of the state government for “extraneous reasons.”
The plea filed by the Tamil Nadu government states,
“Declare that the inaction, omission, delay and failure to comply with the constitutional mandate by the governor of Tamil Nadu/first respondent qua the consideration and assent of the bills passed and forwarded by the Tamil Nadu state legislature to him and the non-consideration of files, government orders and policies forwarded by the state government for his signature is unconstitutional, illegal, arbitrary, unreasonable, besides mala-fide exercise of power.”
Similarly, the Kerala government has approached the Supreme Court, claiming that Governor Arif Mohammed Khan is delaying his assent to bills passed by the Assembly, thereby “defeating the rights of the people.” The Kerala government’s plea highlights the inaction on the governor’s part regarding eight bills passed by the state legislature, emphasizing that many of these bills are of immense public interest and involve welfare measures. The delay in assent is seen as a denial of these benefits to the people of Kerala.
The Kerala government’s plea elaborates,
“Of these, three bills have remained pending with the governor for more than two years and three more in excess of a full year. The conduct of the governor, as would presently be demonstrated, threatens to defeat and subvert the very fundamentals and basic foundations of our Constitution, including the rule of law and democratic good governance, apart from defeating the rights of the people of the state to the welfare measures sought to be implemented through the bills.”
This situation presents a significant constitutional challenge, highlighting the tension between state legislatures and the office of the governor. The Supreme Court’s upcoming hearing and subsequent decisions are expected to have far-reaching implications for the balance of power within the Indian federal structure.
