Corruption rampant in government, we are helpless in tackling it, says Madras HC

Corruption rampant in government, we are helpless in tackling it, says Madras HC

The petitioner’s mother Amutha applied for a government job on compassionate grounds in 2018.

Express News Service

Updated on:

11 Apr 2025, 8:52 am

CHENNAI: Stating that corruption has been rampant in every organ of the government, the Madras High Court said it is helpless in curbing the menace.

The remarks were made by a division bench of justices R Subramanian and G Arul Murugan recently while dealing with an appeal filed by G Gowdham of Cuddalore district in connection with a government job under the compassionate grounds scheme.

“We have to acknowledge that corruption is rampant in every organ of the government today. We should also acknowledge our helplessness in curbing the menace of corruption,” the bench said, referring to the National Highways department authorities directing the appellant’s mother to get three certificates afresh from the local authorities.

The petitioner is the son of Ganesan, who was employed as record clerk with the National Highways department, died while on duty on October 1, 2016. The petitioner’s mother Amutha applied for a government job on compassionate grounds in 2018.

However, in 2020, the authorities asked her to submit fresh certificates on income, the manner in which the monetary benefits obtained due to the death of her husband, a genuineness certificate on educational qualifications and a copy of the family card duly attested by the taluk supply officer.

After becoming a major, he submitted an application on November 19, 2022 and it was also rejected on the ground that the application was filed three years after death of his father and he should have attained 18 years at the time of applying for job on compassionate grounds.

He sent applications again in 2023 but they were also rejected. Challenging this rejection, he filed a writ petition.

The single judge, in an order on September 25, 2024, accepted the contentions of the authorities, yet, he ordered them to consider the application of the appellant’s mother as she was eligible.

While upholding the single judge’s order, the bench directed the authorities to offer the job to Amutha in commensuration with her qualification within four weeks.

RGUHS must train evaluators, provide key answers: Court

RGUHS must train evaluators, provide key answers: Court 

TIMES NEWS NETWORK 12,04,2025

Bengaluru : The high court has said the Rajiv Gandhi University of Health Sciences (RGUHS) is required to train its evaluators before assigning them evaluation work and also consider providing model/key answers to question papers. Justice Suraj Govindaraj recently made this observation while dismissing a petition filed by a postgraduate homeopathy student, challenging the evaluation of his answer scripts by five evaluators and also an ordinance on governing the evaluation process of the examinations for PG programmes, including diploma and superspeciality courses. 

The judge pointed out that thousands of petitions are coming up on discrepancies in the valuation on account of which students are being declared failed. “It is not only the number of litigations that has to be seen, but the number of lives which are dependent on such evaluation too, more particularly students in the younger age group whose confidence could be adversely affected if they are declared failed on account of improper evaluation. The impact of this on the psyche and the future of the student, on the family of the student, the society as a whole, as also on the college and the university need not be more emphasised,” the judge added. 

“While preparing the question paper, the model ans wers or key answers could also be prepared by the very same person who has set/ drafted the question paper. This would not cause any administrative strain on the university but would go a long way in addressing the difficulties faced by the students,” the judge suggested. In the case on hand, one Abhishek M Sutrave, a PG student in homeopathy, challenged the valuation of the first-year MD theory paper — Advanced teaching of fundamentals of homeopathy — saying there was a large variance in the marks awarded by the five valuators. As his representation on the disparity in marks was not considered, he approached the high court. According to him, he stood 36th in the all India entrance exam and obtained 86% marks in the practical exam. He contended that he should be declared passed by taking into account the marks awarded by the 5th evaluator in the repeat examination. The academic council of the RGUHS pleaded there are over 3,000 subject codes, and 10 question papers would have to be prepared for each. Thus, there would be about 30,000 question papers, and as many model answer scripts and key answers would have to be created per examination. 

As such, a policy decision was taken that model answers or key answers could not be provided. “This decision has been taken purely on the basis of administrative difficulties... The academic council has sought to negate its own responsibilities on the basis of administrative difficulties,” the judge added.

C’garh HC: Pension is earned property right, not a bounty

C’garh HC: Pension is earned property right, not a bounty 

Orders Govt To Refund Pension Deducted To Heirs Within 45 Days

Partha.Behera@timesofindia.com 11.04.2025

Raipur : State govt cannot take away any part of an employee’s pension, gratuity or leave encashment without a statutory provision ‘even under the guise of administrative instructions’, Chhattisgarh high court has ruled. 

The court quashed the govt order that permitted the recovery of over ₹9.2 lakh from the pension of a deceased govt employee, Rajkumar Gonekar, a resident of MP’s Chhindwara, and directed that the amount be refunded to his legal heirs within 45 days. “It is an accepted position that gratuity and pension are not bounties. An employee earns these benefits by dint of his long, continuous, faithful and unblemished service. 

It is thus a hard earned benefit which accrues to an employee and is in the nature of ‘property’,” Justice Bibhu Datta Guru said in a recent order. This right to property cannot be taken away without the due process of law as per the provisions of Article 300-A of Constitution of India, Justice Guru said. “It follows that the attempt of the appellant state govt to take away a part of pension or gratuity or even leave encashment without any statutory provision and under the umbrage of administrative instruction cannot be countenanced,” the order said. Gonekar’s counsel submitted to the court that he was appointed as assistant director on March 29, 1990, and later promoted to deputy director in 2000. However, due to certain corrections in the gradation list, he was demoted to assistant director. 

Following court orders, he served as deputy director and retired on Jan 31, 2018. During his service, Gonekar received a notice alleging misappropriation. In his response, he denied the allegations and asserted that he acted lawfully. After retire ment, a show-cause notice  was issued on Dec 13, 2018, and he submitted his response on Jan 25, 2019, again refuting the charges. 

The court noted that the order to recover ₹9.23 lakh from his pension was passed without properly considering these facts and without following due process. The state contested this and said procedure was followed, adding that govt granted permission to recover the amount only after receiving Gonekar’s reply. HC noted that the original petitioner, Gonekar, died on June 20, 2024, and his legal heirs were subsequently included in the petition. HC concluded that according to Rule 9, recovery from pension can only be ordered if the employee is found guilty in departmental or judicial proceedings.

Peon, an MA in Eng, checks Hindi answer sheets at college in MP

Peon, an MA in Eng, checks Hindi answer sheets at college in MP

Amarjeet.Singh@timesofindia.com 10.04.2025

Bhopal : Twice ‘outsourced’, the evaluation of answer sheets at a govt college in Madhya Pradesh’s Narmadapuram district allegedly ended up in the hands of a peon, triggering a scandal that led to the sacking of three staffers and suspension of the principal and a professor.

The peon, who has a master’s degree in English, evaluated the Hindi paper. The multi-stage blunder happened at Shaheed Bhagat Singh PG College in Piparia a few months ago and would have gone unnoticed but for a video that surfaced recently. 

The 20-second clip shows the peon checking answer sheets with all seriousness, making tick marks and jotting down marks. After the video swirled around on social media, local MLA Thakur Das Nagwanshi raised the issue in assembly. 

The higher education department set up a probe committee, which submitted its report on April 3. The very next day, principal Rakesh Kumar Verma and the nodal officer for evalua tion, professor Ramghulam Patel, were suspended. Verma alleged that he was being targeted by local politicians. The committee found a shocking casualness in the approach to exam evaluation. In its report, the panel stated that guest lecturer Khusboo Pagare, who teaches Hindi, has admitted in a written statement that she got the answer sheets evaluated by someone else as she was unwell. 

According to committee, Pagare paid ₹7,000 to ‘booklifter’ at the college, Rakesh Kumar Mehar, to evaluate the answer sheets. Mehar, in turn, handed it to peon Pannalal Patharia and gave him ₹5,000, pocketing ₹2,000, said the suspension order of the principal and nodal officer. Pagare, Mehar and Patharia were terminated.

WENT VIRAL: The multi-stage blunder happened at Shaheed Bhagat Singh PG College in Piparia a few months ago and would have gone unnoticed but for a video that surfaced recently

MEA notice on revised rules for passport changes

MEA notice on revised rules for passport changes 

Neha.Madaan@timesofindia.com  10.04.2025

Pune : Citizens can now add the name of their spouse to their passport without submitting a marriage certificate, thanks to the introduction of Annexure J option. 

A senior passport official said the new guidelines of ministry of external affairs (MEA) would significantly simplify the passport amendment process.

 “The joint photo declaration (Annexure J), signed by both husband and wife now serves as a valid alternative to the traditional marriage certificate requirement that many found difficult to fulfill,” Pune’s regional passport officer Arjun Deore told TOI. 

“Given that MEA is streamlining the documentary process, this change addresses a significant regional disparity. In Maharashtra, marriages are registered by default. But in northern states, many don’t register marriages and thus, don’t possess marriage certificates,” said another senior passport official. “So MEA has given the option of joint photo declaration as an alternative,” the official added.

Apex court issues notice on PIL questioning NAAC functioning

Apex court issues notice on PIL questioning NAAC functioning 

‘Working Is Marred By Corruption And Lack Of Transparency’

AmitAnand.Choudhary@timesofindia.com 10.04.2025

New Delhi : Supreme Court on Wednesday decided to go deep into the functioning of National Assessment and Accreditation Council (NAAC) which assesses and grades the higher education institutions in the country after it was alleged that its working is marred by corruption and lack of transparency and arbitrariness which is also reflected in CAG audit report and a case registered by CBI against its officials . 

Sensing that the allegations levelled in PIL was very serious which could affect higher education in the country, a bench of Justices P S Narasimha and Joyamalya Bagchi said that it would examine the petition questioning the functioning of the council. 

Pleading for the court’s intervention, advocate Mohammad Shoeb Alam and advocate Manan Verma told the bench that the issue was very serious as the very credibility and fairness of the council’s working was questionable. 

The petition filed by NGO ‘Nostro Destino Foundation’, which works with Tihar jail prisoners to impart them education and help them in rehabilitation, requested the court to set up a committee to scrutinise and check assessments and gradings done by the Council of Higher Education Institutions in the last 5 years. 

Agreeing to hear the plea, the bench said “We want to go deep into the matter as to how they are functioning.” The petitioner submitted that the CAG audit done in March 2023 revealed glaring discrepancies in NAAC’s assessment processes and CBI recently in Feb registered a case against NAAC officials and certain educational institutions for accepting bribes in exchange for favorable accreditation scores.

The bribes reportedly included cash payments, gold, mobile phones and laptops highlighting the transactional nature of the accreditation process, it said. “After the allegations of corruption surfaced in the grading process in February, 2025, NAAC removed over 900 assessors without conducting re-assessments of the institutions evaluated by them. 

Further, NAAC arbitrarily initiated a re-DVV process (data validation and verification) after the first process ended for several insti tutions, reducing their previously awarded scores without affording any opportunity of hearing them. The 

 absence of transparency in the NAAC assessment process has led to widespread uncertainty regarding its credibility and fairness,” the petition said. The bench, after a brief hearing, issued notice to UGC, NAAC and Centre’s HRD ministry and sought their response. The petition said the assessment and grading done by NAAC not only affects the reputation of the institutions but also affects the quality of education being provided and the process followed by NAAC is violative of Article 14 and Article 21 of Constitution. It said arbitrary and non-uniform grading processes lead to discrimination among HEIs, as some institutions benefit from corrupt practices while others suffer due to a lack of transparency. “The opaque process of peer team selection and institutional assessments has led to inconsistent and unreliable grading,” the petition said. UNDER SCANNER: We want to go deep into the matter as to how they are functioning, said the SC agreeing to the plea

Technical glitch hits passport servers nationwide for 2 days

Technical glitch hits passport servers nationwide for 2 days 

DOWNTIME 

Creates Chaos At Key Centres, Appts Affected Neha.Madaan@timesofindia.com 10.04.2025

Pune : The technical glitch plaguing passport servers nationwide continued for a second day on Wednesday, with applicants across major cities expressing frustration as appointments continued to be cancelled or delayed. Regional Passport Offices (RPOs) in Mumbai, Pune, Delhi, and other cities witnessed chaos as server issues that began Tuesday worsened, affecting numerous applicants who had scheduled appointments months in advance.

 “The server problem persisted even on Wednesday pan-India. We are trying to sort the issue as soon as possible, and everything should run smoothly soon,” a senior passport official said. “The PSK Pune-Ghorpadi office has not been operational since yesterday due to server issues. I had an appointment at 3.30pm but received no message or email informing me of any cancellation. I’ve been waiting since 12.30pm,” said Mahsku Phadtare, an applicant who urgently needed to travel abroad for work.

 “Officials are only giving one response: ‘Reschedule your appointment or visit Solapur PSK’. This is extremely difficult when I need to travel urgently for professional commitments.” The Mumbai RPO acknowledged the crisis on social media, posting: “Appointments for passport applications at all PSKs/POPSKs under RPO Mumbai are suspended till 1pm today (Wednesday) due to server issues. Affected applicants may reschedule the appointment to a further date.” It later added that applicants would receive an additional chance to reschedule if they had exhausted their three

allowed attempts. 

Parents of minor applicants have been particularly affected. Rahul Singhvi said on X: “My child missed school because of a scheduled passport appointment. It would have been really helpful if we had been informed earlier.” Pallav Kadhi, a businessman from Warje, told TOI, “We had been standing in extreme heat outside the passport office gate for hours Wednesday, and finally they told us to leave, stating: ‘All passport services were suspended for April 9. Additional chance for applicants to reschedule will be further communicated.’

Now, add spouse’s name to passport sans marriage cert

Now, add spouse’s name to passport sans marriage cert

Neha.Madaan@timesofindia.com 10.04.2025

Pune : Citizens can now add the name of their spouse to their passport without submitting a marriage certificate, thanks to the introduction of ‘Annexure J’ option. 

A senior passport official said the new MEA guidelines would significantly simplify the amendment process. “The joint photo declaration (Annexure J), signed by both husband and wife, now serves as a valid alternative to the traditional marriage certificate requirement that many found difficult to fulfill,” 

Pune’s regional passport officer Arjun Deore told TOI.

“Given MEA is streamlining the documentary process, this change addresses a significant regional disparity. In Maharashtra, marriages are registered by default. But in northern states, many don’t register marriages and thus, don’t possess marriage certificates,” said another senior passport official. 

The ‘Annexure J’ form serves as a joint declaration in lieu of a marriage certificate for passport applicants. The document requires passport applicants to declare their name and residence, and affirm that they are married to their spouse, stating they have been living together as a married couple. The applicant must request that their passport be issued or reissued with their spouse’s name included. The form includes a solemn affirmation that all provided information is correct. 

“A designated space is provided for a self-attested joint photograph of the husband and wife. The form must include the place and date of signing, along with signatures of spouses. Additional details required include names, Aadhaar card numbers, voter ID numbers and passport numbers (if available) of both parties,” Deore said

Patient follows doctor and seeks consultation while he was jogging: This is what the doc did

 Patient follows doctor and seeks consultation while he was jogging: This is what the doc did

etimes.in | Apr 9, 2025, 04.00 PM IST

Have you ever been taken aback by a life lesson that a doctor taught you? Here's one such lesson taught by Dr Sudhir Kumar who recently shared an incident that talks about self-care in volumes.

Dr Sudhir Kumar's post on social media talks about self-care and why it is important. In a country, where there are few doctors to attend to hundreds and thousands of patients, Dr Kumar's post is a lesson for all the doctors who find less time to take care of themselves. The life of doctors in India is a mix of dedication, pressure, and purpose. From long, demanding study years to intense hospital shifts, their journey is filled with sacrifice. Many work extended hours, often in overcrowded hospitals with limited resources, especially in public healthcare.

"A few days back while running, a person on his two-wheeler stopped beside me, and requested a follow-up consultation (he had consulted me about six weeks earlier). I requested him to consult me at hospital. When he visited me at the hospital a few days later, he was upset that I gave more importance to running that doing a follow-up consultation (on the road). I told him: I care about my health and there is a proper place (and time) for medical consultation. He was still not convinced with my explanation," Dr Kumar has posted on social media platform X.

"I remember my train journeys from CMC Vellore (Tamil Nadu) to Bokaro (Bihar, now Jharkhand) in 90s. Journey was about 40 hours+. The moment co-passengers got to know that I am a doctor, the entire journey would become a place for consultation, second opinion, and all sorts of medical advice. Later on, when asked about my job during journeys, I used to say, I work as an office assistant," he writes.

Netizens and fellow doctors were quick to respond.

"I stopped using Dr as a prefix when I was awoken from sleep to tend to a train passenger. No 'thank you' followed. Responding to requests of air hostesses to rush to a hypoglycaemic patient and keep sitting beside him thro the journey, I expected gratitude," one X user has commented.

"It happens in family weddings as well. We have a cousin who is a doctor. Whenever we all assemble for a wedding in that city, each one of us discuss our health issues to get some solutions or ideas on how to proceed, especially oldies," writes another.

Read the post here:

Why self-care is less talked about in medical profession?

In the medical profession, self-care often takes a backseat due to the deeply ingrained culture of self-sacrifice and constant service. From the earliest stages of training, doctors are taught to prioritize patients above all else. Long hours, minimal sleep, and emotional detachment are often seen as badges of honor—symbols of dedication. As a result, many healthcare professionals internalize the belief that taking care of their own well-being is a sign of weakness or lack of commitment.

The fear of judgment or stigma plays a role. Admitting to stress, anxiety, or burnout may be perceived as incompetence or an inability to cope with the pressures of the job. This discourages open conversations about mental health and self-care within the medical community.

Systemic issues also contribute. Overburdened hospitals, staff shortages, and the relentless demand for care leave little time or space for self-care practices. Even institutional policies often fail to address the wellness needs of healthcare workers.

The irony is stark: those trained to heal others often neglect themselves. However, this relentless commitment can lead to physical exhaustion, emotional fatigue, and mental burnout. Long working hours, sleep deprivation, emotionally charged situations, and the constant pressure to perform flawlessly take a toll on their overall well-being. This is why self-care is not a luxury for doctors—it’s a necessity.

Regular sleep, balanced nutrition, physical activity, and moments of rest and reflection are essential to sustain their energy and focus. Mental health support, mindfulness practices, and taking breaks from high-pressure environments allow them to process stress and prevent compassion fatigue.

When doctors take care of themselves, they’re more resilient, empathetic, and better equipped to handle the demands of their profession. A well-rested, emotionally balanced doctor is less prone to errors and more capable of forming meaningful connections with patients.

NEWS TODAY 8.4.2025

 

Governors Must Not Create Roadblocks For Elected Governments, Must Respect People's Will: Supreme Court

Governors Must Not Create Roadblocks For Elected Governments, Must Respect People's Will: Supreme Court

LIVELAW NEWS NETWORK

8 Apr 2025 12:16 PM

The Court stated that the Governors must not thwart the will of the people for political ends.

In a significant judgment underscoring the constitutional role of Governors, the Supreme Court has called upon them to act with "due deference" to the principles of parliamentary democracy and the will of the people, warning against actions that may obstruct or undermine the functioning of elected state governments.

"We are not undermining the office of the Governor," the Court observed while delivering a strong reminder of the limits and responsibilities of the post. "All we say is that the Governor must act with due deference to the settled conventions of the Parliamentary democracy, respecting the will of the people expressed through the legislature as well as the elected government responsible to the people."

A bench comprising Justice JB Pardiwala and Justice R Mahadevan made these important observations while declaring as illegal the Tamil Nadu Governor's withholding of the assent on ten bills re-enacted by the State Assembly and their reservation for the President.

The Court highlighted that the Governor is expected to act as a "friend, philosopher and guide" and not as a political actor. His role, the judgment stated, must be “guided not by considerations of political expediency but by the sanctity of the Constitutional oath he undertook.” It added that in moments of political tension, the Governor must work as “a harbinger of consensus and resolution,” using wisdom and discretion to support state governance rather than impede it.

“The Governor must be the catalyst and not the inhibitor,” the Court emphasized, urging that the office should help facilitate the functioning of the state machinery rather than bringing it to a standstill.

Importantly, the judgment cautioned that any attempt by the Governor to stall legislative processes or subvert the electoral mandate would amount to a betrayal of the Constitution:

"The Governor must be conscious to not create roadblocks or chokehold the State legislature in order to thwart and break the will of the people for political ends... any expression contrary to the express choice of the people, in other words, the State legislature, would be a renege on the Constitutional oath."

The Court also stressed that those holding high constitutional offices must be guided by the enduring values of the Constitution, which were born out of the struggles and sacrifices of India's founding leaders. "When called upon to take decisions, such authorities must not give into ephemeral political considerations but rather be guided by the spirit that underlies the Constitution."

Justice J.B. Pardiwala, who authored the judgment, concluded with a poignant quote from Dr. B.R. Ambedkar: “However good a constitution may be, if those who are implementing it are not good, it will prove to be bad.”

The exact words from the judgment are quoted below :

"We are not undermining the office of the Governor. All we say is that the Governor must act with due deference to the settled conventions of the Parliamentary democracy, respecting the will of the people expressed through the legislature as well as the elected government responsible to the people. He must perform his role of a friend, a philosopher and guide, with dispassion, guided not by considerations of political expediency but by the sanctity of the Constitutional oath he undertook. In times of conflict, he must be the harbinger of consensus and resolution, lubricating the functioning of the state machinery by his sagacity and wisdom, and not bring it to a standstill. He must be the catalyst and not the inhibitor. All his actions must be taken keeping in mind the high constitutional office he occupies. It is imperative that all his actions must be guided by true allegiance to his oath and he faithfully executes his functions. The Governor as the Constitutional head of the State is obliged to accord primacy to the will and welfare of the people of the State and earnestly work in harmony with the State machinery.

The Governor must be conscious to not create roadblocks or chokehold the State legislature in order to thwart and break the will of the people for political ends. The members of the State legislature have been elected by the people of the State as a result of the democratic outcome are better attuned to ensure the well-being of the people. Hence, any expression contrary to the express choice of the people, in other words, the State legislature, would be a renege on the Constitutional oath."

"The Constitutional authorities occupying high offices must be guided by the values of the Constitution. These values that are so cherished by the people of India are a result of years of struggles and sacrifices by our forefathers. When called upon to take decisions, such authorities must not give into ephemeral political considerations but rather be guided by the spirit that underlies the Constitution. They must look within and reflect whether their actions are informed by the Constitutional oath and the course of actions adopted by them furthers the ideals of the Constitution. "

Supreme Court Sets Aside TN Governor's Decision To Reserve 10 Bills For President's Assent; Says He Acted Without Bona Fides

Supreme Court Sets Aside TN Governor's Decision To Reserve 10 Bills For President's Assent; Says He Acted Without Bona Fides

Gursimran Kaur Bakshi

8 Apr 2025 10:58 AM

The Supreme Court today (April 8) held that the action of the Tamil Nadu Governor Dr RN Ravi withholding assent for 10 bills, the oldest of them pending since January 2020, and reserving them to the President after they were re-enacted by the State Legislature is "illegal and erroneous" in law and liable to be set aside.

Any consequential steps which might have been taken by the President on the said ten bills were also declared non-est in law.

The Court declared that the ten Bills would be deemed to have received the assent of the Governor when they were presented in the second round after they were passed again by the State Assembly.

A bench of Justices JB Pardiwala and R Mahadevan held that the Governor did not act with bona fides, as the bills were sent to the President, after the Governor himself sat over them over a long time, and were reserved for the President soon after the Supreme Court's judgment in the Punjab Governor's case, which held that the Governors cannot veto the bills by sitting over them.

No pocket veto or absolute veto on bills

The judgment authored by Justice Pardiwala held that there is no concept of "absolute veto" or "pocket veto" under the Constitutional scheme. As per Article 200 of the Constitution, the Governor is expected to take one of the three courses of action on bills - grant assent to bills, withhold assent to bills or reserve the bills for the President. The Court held that the Bill can be reserved for the President only at the first instance.

"As a general rule, it is not open for the Governor to reserve a Bill for the President after the bills have been re-presented by the Government after being passed again by the Assembly. The only exception is when the bill presented in the second round is different from the first version," Justice Pardiwala read out from the judgment.

If the Governor withholds assent to the bill, then they must be sent to the Assembly

The Court also held that the option under first proviso to Article 200 is not an independent option, and that this must be exercised in conjunction with the power in the substantive clause of Article 200. This means that once the Governor declares that he was withholding assent to the bills, then he must send back the bills to the assembly for reconsideration. In this case, the Attorney General had argued that when the Governor declared that he was withholding assent, he did not send them to the Assembly, and hence it was not open for the Assembly to re-enact them. This argument was rejected.

Timelines laid down

"Keeping in mind the constitutional significance of Article 200 and the role it plays in the federal polity of the country, the following timelines are being prescribed. Failure to comply with the timelines will make the action of the Governor subject to judicial review," the Court observed.

1. In case of withholding assent or reservation of the Bill for consideration of the President upon aid and advice of the State's Council of Ministers, the Governor is expected to take such actions forthwith subject to a maximum period of 1 month.

2. In case of withholding assent contrary to the advice of the State's Council of Ministers, the Governor must return the Bill together with a message within a maximum period of 3 months.

3. In case of reservation of Bills for consideration of the President, contrary to advice of the State Council of Ministers, the Governor shall make such reservation within a maximum period of 3 months or

4. In case of reservation of Bills after reconsideration in accordance with the first proviso, the Governor must grant assent forthwith subject to a maximum period of 1 month (This means that bills re-enacted by the Assembly after they were sent back by the Governor, must be assented by the Governor in the second round within one month)

Governor has to act as per the aid and advice of the State Government

The Court held that as a general rule, the Governor has to act as per the aid and advice of the Council of Ministers while exercising powers under Article 200. The Governor does not possess any discretion and has to mandatorily act on aid and advice once the bills have been re-enacted.

The only exception is when the Bills fall under the description of the second proviso to Article 200 (bills affecting the powers of the High Court and the Supreme Court).

Conclusions

Justice Pardiwala read out the following conclsuions :

1. The withholding of assent or the reservation of bills for the consideration of the President on 28.11.2023, after their due re-consideration by the State legislature, being in contravention of the procedure prescribed under Article 200, is declared erroneous in law, non-est and thus hereby set aside.

2. As a result of the above finding, any consequential steps that might have been taken by the President on these ten bills is equally non-est and hereby set aside.

3. Having regard to the unduly long period of time for which these bills were kept pending by the Governor, before the ultimate declaration of withholding of assent, and in view of the scant respect shown by the Governor to the decision of this Court in The State of Punjab, and for the other extraneous considerations that appear to be writ large in discharge of his functions, we are left with no choice but to exercise our inherent powers under Article 142 of the Constitution to declare these ten bills to have been deemed to have got assented.

Governors must not create roadblocks, must respect the will of the people

In the judgment, the Court reminded the Governors of their roles and duties, by observing :

"We are not undermining the office of the Governor. All we say is that the Governor must act with due deference to the settled conventions of the Parliamentary democracy, respecting the will of the people expressed through the legislature as well as the elected government responsible to the people. He must perform his role of a friend, a philosopher and guide, with dispassion, guided not by considerations of political expediency but by the sanctity of the Constitutional oath he undertook. In times of conflict, he must be the harbinger of consensus and resolution, lubricating the functioning of the state machinery by his sagacity and wisdom, and not bring it to a standstill. He must be the catalyst and not the inhibitor. All his actions must be taken keeping in mind the high constitutional office he occupies. It is imperative that all his actions must be guided by true allegiance to his oath and he faithfully executes his functions. The Governor as the Constitutional head of the State is obliged to accord primacy to the will and welfare of the people of the State and earnestly work in harmony with the State machinery.

The Governor must be conscious to not create roadblocks or chokehold the State legislature in order to thwart and break the will of the people for political ends. The members of the State legislature have been elected by the people of the State as a result of the democratic outcome are better attuned to ensure the well-being of the people. Hence, any expression contrary to the express choice of the people, in other words, the State legislature, would be a renege on the Constitutional oath."

"The Constitutional authorities occupying high offices must be guided by the values of the Constitution. These values that are so cherished by the people of India are a result of years of struggles and sacrifices by our forefathers. When called upon to take decisions, such authorities must not give into ephemeral political considerations but rather be guided by the spirit that underlies the Constitution. They must look within and reflect whether their actions are informed by the Constitutional oath and the course of actions adopted by them furthers the ideals of the Constitution. "

Justice Pardiwala ended the judgment by quoting BR Ambedkar, "however good a constitution may be, if those who are implementing it are not good, it will prove to be bad"

Live updates from the pronouncement can be read here.

On February 10, a bench of Justices JB Pardiwala and R. Mahadevan reserved judgment on the writ petitions filed by the Tamil Nadu Government against its Governor Dr RN Ravi withholding assent for the bills, the oldest of them pending since January 2020. Once the Bills were re-enacted in a special session by the Government, the Governor sent some of the re-passed laws to the President for reconsideration.

Various constitutional issues concerning the interpretation of Article 200 and factual questions have emerged from the four days of the hearing. The bench formulated eight questions for the parties during the hearing.

To briefly summarise, the petitioners have argued that the action of the Governor sitting over the Bills for 3 years and then one fine day, declaring that he is withholding assent and when the Bills are passed again, reserving it to the President are violative of Article 200. Therefore, the Governor's declaration is held to be void.

As per the petitioners' arguments, the Governor has three options under Article 200 when the Bill is sent to him: assent, reserve for reconsideration of the President and withhold the assent. The State argued that if the Governor reserves it for the President's reconsideration, he has to do so at the first instance. However, if he does not exercise that, the next recourse is to send the Bill to the State legislature. Here, it was argued that as per the Punjab Governor's decision(which was pronounced at a time when the Tamil Nadu Governor decided to send the re-enacted Bills to the President), if the Governor was withholding the assent, then he should return the bills to the assembly.

Whereas, the Respondent submitted that what troubled the Governor was repugnancy with the central laws and nothing else and therefore, in the national interest, he sent it to the President. During the proceedings, the Court had orally remarked that the Governor had adopted his own procedure on withholding assent. The Court had also questioned on the submission of Attorney General, R. Venkataramani, that the Governor found the Bills to be repugnant. It was argued that the Governor by withholding the assent communicated the repugnancy but not for the State legislature to re-enact the Bills subsequent to which it was sent to the President.

The Court asked if the Governor had found the Bills repugnant, why did he continue to withhold them without informing the Legislative Assembly.

Senior Advocates Mukul Rohatgi, Rakesh Dwivedi, P Wilson appeared for the State. Attorney General R Venktaramani appeared for the Governor.

Case Details: THE STATE OF TAMIL NADU v THE GOVERNOR OF TAMILNADU AND ANR| W.P.(C) No. 1239/2023 & THE STATE OF TAMIL NADU v. THE VICE CHANCELLOR AND ORS| W.P.(C) No. 1271/2023