'You're playing with fire': SC raps Punjab, Tamil Nadu governors over delay in assent to bills

The Supreme Court on Friday (November 10) came down heavily on both Punjab and Tamil Nadu governors after the state governments accused them of delaying action on bills cleared by the assemblies.

The apex court bench led by Chief Justice of India DY Chandrachud urged both the governors to not delay the bills that have been cleared by the elected assembly. “Please don't deflect the course of bills passed by a duly elected assembly. It’s a matter of very serious concern,” the Chief Justice said.

“You're playing with fire. How can the governor say this? We are not happy with what is happening in Punjab. Will we continue to be a parliamentary democracy?” the bench added.

‘Matter of serious concern’

The Supreme Court termed the deadlock between Punjab government and its governor over assent to bills passed by the assembly a matter of “serious concern” and said it is not happy with what is happening in the state.

A bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra told both the Punjab government and the governor, “Our country has been running on established traditions and conventions and they need to be followed.” It pulled up the Punjab governor for not giving assent to bills passed by the state assembly saying “you are playing by fire” and questioned his power to term the assembly session as unconstitutional.

The bench also questioned the Punjab government on why it adjourned and not prorogue the budget session of its assembly. “Democracy has to work in the hands of the chief minister and in the hands of the governor,” it said, adding that it will pass a short order to settle the law on the issue of governor’s power to give assent to bills.

On November 6, the top court had said that state governors must not be oblivious to the fact that they are not elected representatives of the people. It voiced its concern over Raj Bhavans not acting on bills passed by the state legislatures, and directed Solicitor General Tushar Mehta to place on record the details of action taken by Punjab Governor Banwarilal Purohit on the bills cleared by the assembly.

The Punjab government had earlier moved the top court alleging delay in the governor giving assent to bills passed by the state assembly. The plea said such “unconstitutional inaction” has brought the entire administration to a “grinding halt”. It said the governor cannot indefinitely sit on the bills as he has restricted powers under Article 200 of the Constitution, which deals with the Raj Bhavan occupant’s power to give or withhold assent to a bill or reserve a bill for the president's consideration.

The Punjab governor is involved in a long-running feud with the Aam Aadmi Party government led by Chief Minister Bhagwant Mann.

Notice to Centre on TN plea

Taking up a petition filed by the Tamil Nadu government alleging delay by Governor RN Ravi in giving assent to bills passed by the state assembly, the Supreme Court issued a notice seeking the Centre’s response.

A bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra issued notice to the Centre and sought the assistance of the Attorney General or Solicitor General in the matter. The bench posted the matter for further hearing on November 20.

Senior advocate Abhishek Singhvi, appearing for the Tamil Nadu government, pointed out that 12 bills passed by the assembly were pending with the office of Governor RN Ravi. The Tamil Nadu government urged the top court to intervene, alleging that “a constitutional authority” was consistently acting in an “unconstitutional manner impeding and obstructing” the functioning of the state government for “extraneous reasons”.

“Declare that the inaction, omission, delay and failure to comply with the constitutional mandate by the Governor of Tamil Nadu/first Respondent qua the consideration and assent of the Bills passed and forwarded by the Tamil Nadu State Legislature to him and the non-consideration of files, Government orders and policies forwarded by the State Government for his signature is unconstitutional, illegal, arbitrary, unreasonable besides malafide exercise of power,” the Tamil Nadu government said in its petition.

The governor, by “not signing remission orders, day to day files, appointment orders, approving recruitment orders, granting approval to prosecute ministers, MLAs involved in corruption, including transfer of investigation to CBI by Supreme Court, Bills passed by Tamil Nadu Legislative Assembly is bringing the entire administration to a grinding halt and creating adversarial attitude by not cooperating with the state administration,” the petition further said.

(With agency inputs)