SC frames questions in TN govt-governor row over withholding assent to bills
The posers were framed by a bench comprising Justices J B Pardiwala and R Mahadevan that is hearing the submissions of senior advocate Rakesh Dwivedi representing the Tamil Nadu government.
NEW DELHI: The Supreme Court on Thursday framed eight key questions for adjudication of the dispute between the Tamil Nadu government and Governor R N Ravi over withholding assent to bills passed by the legislative assembly. These include questions on the concept of pocket veto, the governor's authority and discretion.
The posers were framed by a bench comprising Justices J B Pardiwala and R Mahadevan that is hearing the submissions of senior advocate Rakesh Dwivedi representing the Tamil Nadu government.
The hearing is underway.
The bench listed the questions at the outset of the day’s proceedings.
The first one, for instance, reads, “When a state legislative assembly passes a bill and sends it to the Governor for assent, and the Governor withholds assent, but the bill is passed again and resubmitted – does the Governor have the authority to withhold it once more?”
The next question is: “Is the discretion of the governor to present a bill to the President limited to specific matters, or does it extend beyond certain prescribed subjects?”
The bench said it will deal with the issue on what considerations influenced the governor’s decision to present the bill to the president instead of granting assent.
“What is the concept of a pocket veto, and does it find a place within the constitutional framework of India,” reads another question.
The bench said it will deal with the issue of how to interpret Article 200 of the Constitution, which gives the governor the power to approve or withhold approval of bills passed by the state legislature. The governor can also send a bill back to the legislature for reconsideration or suggest changes.
“When a bill is presented to the Governor and returned for reconsideration, does the Governor have an obligation to grant assent once the bill is passed again by the legislature,” the bench asked.
It will hear Attorney General R Venkataramani on the matter later in the day.
The bench is hearing two petitions filed by the Tamil Nadu government concerning the prolonged confrontation between the state assembly and the governor over his refusal to assent to bills passed by the legislature.
