NEW DELHI: The Supreme on Tuesday held that the action of Tamil Nadu Governor to reserve the 10 bills in 2023 for President after withholding assent as illegal, non est and erroneous.
A bench of Justices J B Pardiwala and R Mahadevan set aside all the actions taken by Governor R N Ravi and used its extraordinary power under Article 142 of the Constitution to hold the 10 bills would be deemed to be clear from the date it was re presented to the Governor.
Pronouncing its verdict, Justice Pardiwala said the Governor can't exercise pocket veto or absolute veto under the Constitution.
"Neither concept of pocket veto or absolute veto finds the place in the Constitution. As soon as possible means sense of expediency, does not allow the Governor to sit over the bills," the court said.
The court said, once the Governor withholds assent he is obligated to follow the procedure as under first proviso of Article 200.
"The Governor cannot sit on bills and excercise pocket veto over them. There is a sense of expediency. There is no scope for the Governor to declare simpliciter withhold of assent. Thus no pocket veto is there under Article 200," the court said.
The court set a timelines on bills. It said that the timeline was maximum one month, when in case of withholding assent and reserving it for President with aid and advice of council of ministers.
If there was withholding assent without aid and advice of council of ministers, bill has to be returned within three months. Finally, it clarified that in case of presentation of bill after re consideration by state assembly, the bills to be assented by the governor within one month, the bench said.
The court said the failure to adhere to this time would invite judicial scrutiny.
In its judgment, the court said that the Governor must be a friend, philosopher, and guide and his action must not be driven by political considerations but the constitutional oath. The apex court said the Governor must be a catalyst and not an inhibitor, the Governor has to be harbinger of consensus.
