Unending Face-Off : Tamil Nadu Governor At Loggerheads With State Government ; Matter Reaches Supreme Court

File Image

Tamil Nadu government has informed the Supreme Court that Governor R N Ravi withholding its assent to bills passed by the legislative assembly for the second time would lead to failure of democratic system in the country.

A bench of Justices J B Pardiwala and R Mahadevan was hearing two petitions filed by the Tamil Nadu government over its lingering confrontation with the governor on the issue of assent to bills passed by the assembly.

The top court said due to the dispute between the parties, people and the state were suffering.

AS reported by PTI, Senior advocate Mukul Rohatgi, appearing for the state government on February 4, said under the law, if the state legislature passes the bill, the governor could ask for a reconsideration.

“However, if the same bill is re-enacted and presented before the Governor for the second time, the governor has no other option but to grant assent. This is the procedure laid down in our constitutional framework. If he still does not give his assent or failure to give his assent, then it is the failure of our democratic system,” Rohatgi argued.

Constitutional provisions were very clear to the effect that the Governor was duty bound to give his assent in the second round, he added.

Senior advocate Abhishek Singhvi, also appearing for Tamil Nadu government, submitted the option to refer the bills to the President had to be done at the first instance and couldn’t be done as an afterthought.

He submitted after the reenactment of the bill and on being presented to the Governor, he had no other option but to grant assent and couldn’t reserve the bill in the second round for the President’s consideration.

The hearing remained inconclusive and the bench posted the matter on February 6 saying it would first hear counsel for Tamil Nadu government and then Attorney General R Venkataramani representing the Governor.

The state government moved the top court in 2023 alleging delay by Ravi in granting assent to bills.