Legal Tussle Mounts as Tamil Nadu and Kerala Challenge Governors’ Delay in Passing Critical Bills
The state governments of Tamil Nadu and Kerala have taken legal action against their respective Governors over delays in passing crucial bills. The move comes as both states accuse their Governors of undermining the rights of the people and causing unwarranted delays. The Chief Justice of India, D Y Chandrachud, has emphasized the need for Governors to take prompt action without requiring parties to approach the Supreme Court.
In Tamil Nadu, the government is expected to inform the Supreme Court about its state legislative Assembly’s re-adoption of 10 important bills that were previously returned by Governor R N Ravi without any reasons provided. The Governor’s inaction has led to a prolonged period of deadlock and constitutional uncertainty. Senior advocates A M Singhvi, P Wilson, and advocate Sabarish Subramanian will represent Tamil Nadu before the three-judge bench on November 20.
Similarly, in Kerala, the state government is preparing to challenge Governor Mohmmad Arif Khan in the Supreme Court. The government alleges that the Governor has been delaying the passage of eight key bills related to public health, higher education, and the establishment of Lokayukta, among other important issues. Some of these bills have been pending for nearly two years, causing significant frustration and hindrance to the state’s progress. Senior advocate K K Venugopal and advocate C K Sasi will represent Kerala in court.
These legal battles highlight a growing trend among non-Bharatiya Janata Party (BJP) ruled states, as several of them are taking action against their Governors. The states argue that the prolonged delays in dealing with bills amount to a subversion of the Constitution and result in grave injustice for the people.
The Supreme Court’s involvement in these cases signifies the importance of resolving the disputes and ensuring that Governors fulfill their responsibilities in a timely manner. The court has issued notices to the union of India and requested the response of the Home Ministry, with the Attorney General of India or the Solicitor General of India required to be present during the hearing.
As the legal battles unfold, it is crucial to strike a balance between the powers of state governments and the role of Governors. The Chief Justice’s call for self-reflection and prompt action is a reminder that constitutional harmony is essential for the smooth functioning of democracy.
The outcome of these legal challenges will have significant implications for the relationship between state governments and Governors in India. The states of Tamil Nadu and Kerala are determined to ensure that their Bills are considered and assented to without any further delays. The Supreme Court’s decision will provide clarity on the powers and responsibilities of Governors, setting a precedent for future conflicts between state governments and constitutional authorities.
In conclusion, Tamil Nadu and Kerala’s legal battles against their respective Governors highlight the need for prompt action and respect for the rights of the people. The Supreme Court’s intervention will play a crucial role in determining the outcome of these disputes and will shape the balance of power between state governments and Governors in India.
