Thiruvananthapuram (Kerala) [India], April 8 (ANI): Kerala Chief Minister Pinarayi Vijayan on Tuesday welcomed the Supreme Court’s verdict that the Tamil Nadu Governor withholding 10 bills and reserving them for the President’s assent after they were re-enacted by the State Legislature is “illegal and erroneous in law” and liable to be set aside.
In his statement, CM Vijayan emphasized that the top court’s verdict upholds the federal system and the democratic rights of the legislature.
“The Supreme Court’s verdict on the issue of Tamil Nadu Governor’s indefinite stay of bills upholds the federal system and the democratic rights of the legislature. The Supreme Court has already made it clear many times that governors should act according to the advice of the cabinet. Moreover, this verdict sets a specific time limit for passing bills. This verdict is also a warning against the tendency of governors to usurp the powers of the legislature. It is a victory for democracy,” the Kerala CM said.
“We are in a situation where bills passed by the legislature have been held up and made uncertain for up to 23 months. Kerala is in a legal battle against it. This verdict underlines the relevance and importance of such issues raised by Kerala,” CM Pinarayi Vijayan said.
Earlier, former Kerala Governor Arif Mohammed Khan and State government locked horns over reserving bills passed by the state legislature.
Meanwhile, a bench of Justices JB Pardiwala and R Mahadevan said that the Tamil Nadu Governor must act in aid and advice of the State Legislature.
The top court order came on plea of Tamil Nadu government against the state Governor for withholding assent on bills passed by the Assembly.
It said the Governor does not have the veto power to sit over bills sent to him by the State legislature.
The Governor must assent to a bill when it is presented to him after reconsideration by the State assembly, he can only refuse assent when the bill is different, the apex court said.
The top court further said that the 10 bills shall be deemed to have been cleared from the date they were presented again to the Governor after reconsideration by the legislature.
“Action of the Governor to reserve the 10 bills for the President is illegal and arbitrary, and thus the action is set aside. All actions taken by the Governor thereto for the 10 bills are set aside. The 10 bills shall be deemed to be clear from the date it was re-presented to the Governor,” the judgment stated.
It also said that the Governor must be a friend, philosopher and guide and not driven by political considerations but the Constitutional oath.
He must be a catalyst and not an inhibitor, said the bench, adding that the Governor must be conscious not to create any roadblock. (ANI)
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