CHENNAI: DMK MP and senior advocate P Wilson on Thursday told TNIE that Governor RN Ravi had acted against the Constitution in returning the NEET Bill to the State Assembly while former law minister and senior AIADMK leader CVe Shanmugam said a solution to the issue could be brought about either by enacting a legislation in Parliament or getting an exemption from the Supreme Court.
“The Governor should not have returned the Bill as doing so is against the Constitution. The only recourse available to the Governor was to forward it to the President. The entire exercise done by the Governor in returning the Bill appears to be against Constitution and against past verdicts of the Supreme Court,” Wilson said. He pointed out that the Governor should not have examined the Bill as the subject of education comes under the Concurrent List.
Further, it is inappropriate for the Governor to refer to the judgment in the Christian Medical College, Vellore case as that case did not deal with the powers of the State legislature to enact such a legislation. “The verdict was entirely different and given with regard to an institution,” he said.
Shanmugam, however, is of the view that the Governor can return the Bill, seeking certain explanation. “The State can rectify the shortcomings referred by the Governor and resend the Bill through the Assembly or the government can resend the very same Bill to the Governor asserting that there is nothing to correct. When the Billis sent for the second time, the Governor has no option but to forward it to the President,” he added.
He alleged the DMK had no real concern over the scrapping of NEET. “This is my personal view and not that of the AIADMK. After the introduction of the NEET, only six students from government schools got medical seats. When there was no NEET, only 52 students from government schools got medical admission. But after the 7.5 per cent reservation, the number has risen to 537 now. If the NEET goes, this quota will also go,” he said.
Retired judge of Madras High Court K Chandru termed the Governor’s refusal to forward the Bill to the President a clear case of abuse of powers. “The question of giving some advice to the State government will arise only in administrative procedure not legislative procedure. The Governor can only forward the Bill as it relates to the Concurrent List. But this Governor had exercised his power, not on the grounds of Constitutionality but in the interests of the beneficiaries. Such a decision can be taken only by the Assembly and not by the Governor,” he said.