Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
The State governments of Punjab and Tamil Nadu have moved the Supreme Court challenging the delay by their respective Governors in giving assent to the bills, either passed by the State assemblies or proposed to be tabled by them.
In two separate petitions, the two States have sought the Court's intervention for the timely disposal of bills pending for approval before their Governors. Both the petitions were filed on October 28.
While the Punjab government's petition was cleared for listing, the status of the Tamil Nadu government's petition is not known.
Punjab, Tamil Nadu move Supreme Court against respective Governors over delays in giving assent to Bills
The tussle between Governors and some State governments over delays in giving assent to bills passed by the State legislature has seen many a court fights in the past few months.
Supreme Court, Punjab and Tamil Nadu
Supreme Court, Punjab and Tamil Nadu
The State governments of Punjab and Tamil Nadu have moved the Supreme Court challenging the delay by their respective Governors in giving assent to the bills, either passed by the State assemblies or proposed to be tabled by them.
In two separate petitions, the two States have sought the Court's intervention for the timely disposal of bills pending for approval before their Governors. Both the petitions were filed on October 28.
While the Punjab government's petition was cleared for listing, the status of the Tamil Nadu government's petition is not known.
Punjab CM Bhagwant Mann, Governor Banwarilal Purohit and Supreme court
Punjab CM Bhagwant Mann, Governor Banwarilal Purohit and Supreme court
Punjab Governor Banwarilal Purohit has granted assent only to 22 of the 27 bills passed by the Punjab Legislative Assembly during the tenure of the incumbent government led by Aam Aadmi Party (AAP).
The latest confrontation between Governor Purohit and the Mann-led government pertains to three money bills that were proposed to be presented by the State during a Special Session of the 4th Budget Session on October 20.
The Money Bills had been forwarded to the Governor by State for prior approval ahead of the Special Session.
However, while withholding his approval, Purohit said since the Budget Session already stood concluded on June 20, any such extended session was illegal, along with any business to be conducted during it.
As a result, the Session was adjourned just hours after it began on October 20 due to the stalemate. After the refusal, Mann told the Assembly that the government would move the Supreme Court against the Governor.
After the news broke last week that the Punjab government is approaching the Supreme Court against withholding of the approval by the Governor, Purohit wrote to the Chief Minister Bhagwant Mann assuring that a decision on the remaining bills may be taken in the coming days.
"Rest of the five bills passed by Assembly as well as three money bills sent by the Government recently are under my consideration and I will take a decision after due consideration on them in coming days," Purohit said.
The Punjab government had earlier also moved the top court against Purohit citing his failure to summon the budget session of the house.
That plea was eventually disposed of by the top court after the Governor summoned the assembly as per the advice of the council of ministers.
Meanwhile, the State of Tamil Nadu has said that 12 of the bills passed by the State were pending with the office of Governor RN Ravi.
It has further alleged that the Governor was sitting over files pertaining to sanctions for the prosecution of public servants, and the premature release of various prisoners.
In the plea filed through advocate Sabarish Subramanian, the State government has urged the Supreme Court to direct the Governor to dispose of the same within specified timelines.
Further, citing the Sarkaria Commission's recommendations, the government has sought the issuance of guidelines regarding time limits for Governors to assent to bills passed by the Assembly.
The Governor, by his inaction, is bringing the entire administration to a grinding halt and creating an adversarial attitude by not cooperating with the State administration, the plea has said.
"The Governor's inactions have caused a constitutional deadlock between the Constitutional Head of the State and the Elected Government of the State. That by not acting upon their Constitutional functions, the Hon'ble Governor is toying away with the Citizen's mandate," the plea states.
The relationship between Governor Ravi and the Dravida Munnetra Kazhagam-led State government has been tenuous for some time.
In January, the Governor was seen walking out of the Assembly before the national anthem was played after Chief Minister MK Stalin had objected to the former skipping some sections of the speech prepared by the State government.
The tussle between State Governors and governments has seen frequent litigation in the Supreme Court in past few months.
In April, the top court had taken note that Governors were delaying their assent to bills passed by the State legislature and had urged them to keep in mind the mandate under Article 200 of the Constitution which casts a duty on them to clear bills "as soon as possible".
The State of Telangana had also moved the apex court earlier seeking directions to the State's Governor Tamilisai Soundararajan to give her assent to ten key bills passed by the State legislature.
