SC concerned by feud between TN govt and Governor, says it's affecting welfare of public

The Tamil Nadu government alleged in the Supreme Court that the Governor had been acting in malice from Day 1 instead of fulfilling his duty of providing aid and advice.
Tamil Nadu Chief Minister M K Stalin and the Governor of Tamil Nadu R N Ravi.
Tamil Nadu Chief Minister M K Stalin and the Governor of Tamil Nadu R N Ravi.(File photo)
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Two writ petitions filed by the Tamil Nadu government against Governor RN Ravi, for withholding assent for bills passed by the Assembly between 2020 and 2023, came up for hearing in the Supreme Court on Tuesday.

The Tamil Nadu government alleged in the Supreme Court that the Governor had been acting in malice from Day 1 instead of fulfilling his duty of providing aid and advice.

Former Attorney General and senior Supreme Court lawyer Mukul Rohatgi, appearing for the TN government, argued that under the law, if the state legislature passes a Bill, the governor can ask for reconsideration. Post consideration, if the Bill is reaffirmed, the Governor has no option but to grant assent.

"This is our constitutional framework and if he doesn't do so, the entire democratic system fails. Constitution is very clear. If assent is not given in first round, it has to be given in the second," Rohatgi told a two-judge bench of the apex court, led by Justice J B Pardiwala and including Justice R Mahadevan.

Tamil Nadu Chief Minister M K Stalin and the Governor of Tamil Nadu R N Ravi.
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During the hearing, the bench raised concerns about the ongoing feud between the Governor and the state government, observing that it was hampering governance and "affecting the welfare of the people of Tamil Nadu".

Opposing the arguments of Rohatgi, the Attorney General R Venkataramani, the top law officer representing the Union of India, said that all bills requiring the Governor's assent had already been addressed, with no bills currently pending for approval. "The Governor did not send it back for relook. It was sent back saying he is withholding assent. It doesn't fall under the first proviso," Venkataramani argued.

As Tuesday's arguments were inconclusive, the apex court fixed the matter for further hearing to February 6.

The TN government said that the policies and laws enacted by it are not being constitutionally mandated by the Governor, forcing it to file the plea before the apex court.

"The Governor is not considering and granting assent to the Bills passed by the TN Legislative Assembly, thereby he is subverting the will of the people. He is not granting sanction to prosecute public servants, thereby impeding criminal investigation of heinous crimes including corruption. The governor is not approving the premature release of prisoners as advised by the Government. He is keeping files pertaining to appointment of TNPSC Chairman & Members pending and not abiding by the advice of the Cabinet," the TN government said.

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