Chorus grows for govt to set time frame for Governors to act on Bills

With the Raj Bhavan replying to an RTI query that the NEET exemption Bill, passed by the state this September, is still under the consideration of the Governor, voices are growing louder demanding that the Centre set a time frame within which the Governor has to take a call on such issues.

On November 17, Assembly Speaker M Appavu, addressing the 82nd Presiding Officers’ Conference in Shimla, had urged the President to set a time frame for the Governor to give assent for the state Bills. Subsequently, DMK’s Rajya Sabha member and senior counsel P Wilson also echoed the issue in the Rajya Sabha.

In the context, the Raj Bhavan’s response to activist Prince Gajendra Babu had once again sparked a debate. Wilson told DT Next that Article 200 of the Constitution makes it clear that the Governor has to decide on the state Bills as early as possible. “Article 201 of the Constitution also says if Governor wants to get the approval of the President, s/he could reserve it for the President’s consideration. However, the Governor is yet to decide on the NEET exemption Bill passed in September,” the DMK lawmaker said. “Undue delay in performance of Constitutional functions is ex-facie unconstitutional. The Governor ultimately owes a responsibility to the people of the state on whose behalf, and for whose welfare, the legislatures enact laws,” Wilson noted.

The DMK government has passed this Bill as per the report of Justice (retired) AK Rajan Commission. The previous AIADMK government has also passed such a bill in 2017 and the then Governor sent it to the President’s assent. However, it was struck down by the Centre which came to the light only after two years.

Earlier, on September 15, 2020, the AIADMK government passed a Bill providing 7.5 per cent internal reservation for government students in medical admissions. However, the Governor took more than a month to give assent to it.

In September 2018, the state cabinet had recommended the release of seven convicts in the Rajiv Gandhi assassination case. Responding to the plea by Nalini, who sought her premature release, the state informed the Madras HC that the Governor has sent the recommendation to the President on January 21, 2021.

Senior counsel M Radhakrishnan, who had appeared for Nalini, said the Constitution has no provisions to set a time limit for Governors. “It is up to the Governor who has to act on his understanding the crux of the bill or decision of the state,” said Radhakrishnan.