Governor can’t withhold re-passed Bills, says SC

Governor can’t withhold re-passed Bills, says SC

21.11.2023

The Governor had withheld assent and “returned” the Bills to the House on November 13, the State said. The Tamil Nadu Assembly had convened a Special Session on November 18 to re-pass the Bills and send them back to the Governor for approval. “The Governor returned the Bills with just one line ‘I withhold consent’. What was the Assembly supposed to do? So, the House re-passed the Bills... The Governor has to return the Bills with a message spelling out reasons why he has returned the Bills,” Mr. Rohatgi pointed out.

“Our order issuing notice to the petition [filed by Tamil Nadu] was on November 10... The Governor took action only after we issued notice in the matter. Why should Governors want parties to move the Supreme Court to start taking steps?” Chief Justice asked Attorney-General R. Venkataramani.

Mr. Venkataramani submitted that 182 Bills were given to the Governor by the House for approval. Of this, 152 have been approved, five were withdrawn by the government, and nine reserved by the Governor for referral to the President. The Governor had withheld consent on 10 proposed laws and five, which were received in October 2023, were under process. He sought a deferment of the hearing in order to give the Governor time to consider the re-passed Bills. The court scheduled the next hearing on December 1.

Meanwhile, the 35-page note submitted by the Attorney General in the Supreme Court said there was “no transparency in the entire selection process” related to the appointment of members of the Tamil Nadu Public Service Commission. Mr. Venkataramani’s note on behalf of the Governor said the latter “found that the person sought to be appointed as Chairman will have less than a year in office” and one of the persons recommended as a member was suspended for maladministration by the college where he was working.