Guv cannot withhold Bills re-passed by assembly: SC

THE BENCH SAID THAT ONCE A BILL IS SENT BACK TO GOVERNOR AFTER READOPTION BY ASSEMBLY, THE GOVERNOR MUST GIVE HIS ASSENT

- Utkarsh Anand

The Supreme Court on Monday expressed its displeasure at the delay on the part of the governors in giving assent to bills passed by state assemblies, as it took up the related petitions moved separately by Tamil Nadu and Kerala governments and asked for responses of their respective governors.

The bench also said that once a bill is sent back to governor following a readoption by the assembly it acquires the status of a money bill that the governor must give his assent to.

“Why should governors wait for the parties to approach the court? And then they start acting. Why cannot they perform their constitutional functions on their own?” remarked a bench led by Chief Justice of India Dhananjaya Y Chandrachud when the court heard the petitions filed by the two states, listed back-to-back.

In the petition moved by the Kerala government, the bench, which also included justices JB Pardiwala and Manoj Misra, issued notices, seeking replies from the office of governor Arif Mohammed Khan and the Union government by November 24, when the matter will be heard next. The court order recorded Kerala’s contention that of the eight bills pending before Khan, three were initially approved and promulgated as ordinances by the governor. These bills, the order added, have been pending for a period ranging between seven and 26 months. Senior counsel KK Venugopal appeared for the Kerala government.

When a similar petition filed by the Tamil Nadu government came up next, attorney general R Venkataramani appeared to assist the bench, as he handed out a note containing details of the bills and other files that remained pending with the office of state governor RN Ravi.