The Supreme Court did some tough talking on Friday over the governors of Punjab and Tamil Nadu delaying assent to bills passed by the state legislatures, cautioning the Raj Bhawan occupant in Chandigarh against “playing with fire” and observing his counterpart in Chennai, accused of “sitting over” 12 bills, was a “matter of concern”.
“You are playing with fire,” the apex court told Punjab Governor Banwarilal Purohit, as it held that being the titular head of the state he cannot cast doubt on the validity of an assembly session or withhold his decision indefinitely on bills passed by the House.
It said under Article 200 of the Constitution when a bill is presented to the governor, he shall declare either that he assents to the bill or that he withholds assent therefrom or that he reserves the bill for the consideration of the President. The top court, which pulled up the Punjab governor for “indefinitely sitting over” bills passed by the assembly saying “You are playing with fire”, also questioned the state government for repeatedly adjourning the Budget session sine die instead of proroguing it. It, however, upheld the Speaker’s supremacy in conducting the business of the House or adjourning its sessions.
“Our country has been running on established traditions and conventions and they need to be followed,” a bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra said. The bench said “no other option” is available to the governor under Article 200 of the Constitution except for the actions stipulated for him under the provision on the bills presented to him. The apex court made the observations on the Punjab government’s petition alleging delay by Purohit in granting assent to several bills pending with him.
The same bench of the apex court, hearing a similar complaint, termed as a “matter of serious concern” the alleged delay by Tamil Nadu Governor R N Ravi in giving assent to bills passed by the assembly. It sought the Centre’s response on the state government’s petition accusing the Raj Bhawan of “sitting over” 12 legislations.
“The issues which have been raised in the Writ Petition, raise a matter of serious concern. From the tabulated statements which have been submitted before this court, it appears that as many as 12 Bills which have been submitted to the Governor under Article 200 have not elicited any further action. Other matters such as proposals for the grant of sanction for prosecution; proposals for the premature release of prisoners; and for the appointment of the members of the Public Service Commission are pending,” it said.
The bench said, “Bearing in mind the situation, we issue notice to the second respondent, namely, the Union of India represented by the Secretary to the Government in the Ministry of Home Affairs. We request the Attorney General for India or, in his absence, the Solicitor General of India to assist the Court.”
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