Editor's Pick | Governor can’t withhold re-passed Bills: SC

The Supreme Court on Monday took note of the Tamil Nadu government’s argument that the Constitution does not provide Governor R.N. Ravi “discretion” to withhold the 10 Bills “re-passed” by the State Legislative Assembly. “Once they have been re-passed, these Bills are put on the same footing as Money Bills. Then you [the Governor] cannot reject...,” Chief Justice of India D.Y. Chandrachud, heading a three-judge Bench, remarked. The court was reacting to arguments raised by the State, represented by advocates A.M. Singhvi, Mukul Rohatgi, P. Wilson and Sabarish Subramanian, that the first proviso of Article 200 states: “If the Bill is passed again by the House or Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent therefrom”. But, at one point, the Chief Justice asked whether the Governor had to mandatorily send the Bills back to the House for re-consideration after withholding assent. “Can he simpliciter say ‘I am withholding assent’ without sending the Bills back to the House?” Justice Chandrachud asked. Mr. Singhvi responded that returning the Bills back to the House was a necessary corollary to the withdrawal of assent. The court acknowledged the State’s submission that the Governor, having withheld assent and sent back the Bills once, cannot refer the reiterated Bills to the President. The State had complained to the court that the Governor was holding the Bills back indefinitely, defeating the rights of the people of Tamil Nadu to the benefits of crucial laws passed by the House. “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 SC to start taking steps?” Chief Justice asked Attorney-General R. Venkataramani. Mr. Venkataramani submitted that 182 Bills were given to the Governor for approval. Of this, 152 have been approved, five withdrawn by the government, and nine reserved by the Governor for referral to the President.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 SC sought a response from the Kerala Governor on a petition by the State government that he is indefinitely holding back key Bills. Senior advocate K.K. Venugopal and advocate C.K. Sasi said the delay had grown to be an “endemic” among Governors of certain States. Mr. Venugopal said the Bills had been pending for seven to 23 months. The Chief Justice Bench issued notice to the Governor and the Additional Chief Secretary to the Governor. The court listed the case urgently on November 24. The Hindu’s Editorials End of a dream run: On the World Cup final Leap in the dark: On the election of Javier Milei, in Argentina The Hindu’s Daily News Quiz Recently, the Indian Government released a report stating which year was the most fatal year for traffic crashes in India? 2022 2021 2023 2019 To know the answer and to play the full quiz, click here. [logo] Editor's Pick 21 November 2023 [The Hindu logo] In the Editor's Pick newsletter, The Hindu explains why a story was important enough to be carried on the front page of today's edition of our newspaper. [[Arrow]Open in browser]( [[Mail icon]More newsletters]( Governor can’t withhold re-passed Bills: SC The Supreme Court on Monday took note of the Tamil Nadu government’s argument that the Constitution [does not provide Governor R.N. Ravi “discretion” to withhold the 10 Bills “re-passed”]( by the State Legislative Assembly. [“Once they have been re-passed]( these Bills are put on the same footing as Money Bills. Then you [the Governor] cannot reject...,” Chief Justice of India D.Y. Chandrachud, heading a three-judge Bench, remarked. The [court was reacting to arguments raised by the State]( represented by advocates A.M. Singhvi, Mukul Rohatgi, P. Wilson and Sabarish Subramanian, that the first proviso of Article 200 states: “If the Bill is passed again by the House or Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent therefrom”. But, at one point, the Chief Justice asked whether the Governor had to mandatorily send the Bills back to the House for re-consideration after withholding assent. “Can he simpliciter say ‘I am withholding assent’ without sending the Bills back to the House?” Justice Chandrachud asked. Mr. Singhvi responded that returning the Bills back to the House was a necessary corollary to the withdrawal of assent. The court acknowledged the State’s submission that the Governor, having withheld assent and sent back the Bills once, cannot refer the reiterated Bills to the President. [The State had complained to the court that the Governor was holding the Bills back indefinitely]( defeating the rights of the people of Tamil Nadu to the benefits of crucial laws passed by the House. “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 SC to start taking steps?” Chief Justice asked Attorney-General R. Venkataramani. Mr. Venkataramani submitted that 182 Bills were given to the Governor for approval. Of this, 152 have been approved, five 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 SC sought a response from the Kerala Governor on a petition by the State government that he is indefinitely holding back key Bills. Senior advocate K.K. Venugopal and advocate C.K. Sasi said the[ delay had grown to be an “endemic” among Governors of certain States](. Mr. Venugopal said the [Bills had been pending for seven to 23 months.]( The Chief Justice Bench issued notice to the Governor and the Additional Chief Secretary to the Governor. The court listed the case urgently on November 24. The Hindu’s Editorials [Arrow][End of a dream run: On the World Cup final]( [Arrow][Leap in the dark: On the election of Javier Milei, in Argentina]( The Hindu’s Daily News Quiz Recently, the Indian Government released a report stating which year was the most fatal year for traffic crashes in India? - 2022 - 2021 - 2023 - 2019 To know the answer and to play the full quiz, [click here.]( [Sign up for free]( Today’s Best Reads [[PM Modi to skip BRICS-Plus virtual meet on Israel-Hamas conflict today, EAM Jaishankar to attend instead] PM Modi to skip BRICS-Plus virtual meet on Israel-Hamas conflict today, EAM Jaishankar to attend instead]( [[Australia draws a line between peaceful protests and violence and vandalism, says Penny Wong] Australia draws a line between peaceful protests and violence and vandalism, says Penny Wong]( [[Uttarkashi tunnel collapse | Rescuers release first video of trapped workers] Uttarkashi tunnel collapse | Rescuers release first video of trapped workers]( [[₹5 crore released for women survivors of sexual assault, other crimes in Manipur, SC told] ₹5 crore released for women survivors of sexual assault, other crimes in Manipur, SC told]( Copyright @ 2023, THG PUBLISHING PVT LTD. 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