T.N. Moves SC Against Governor Ravi Over Delay in Clearing Bills

Primary Source: The Hindu

Relevance: GS2, Indian Polity, Law, Governance, Constitutional Rights, Fundamental rights, Role of the judiciary, Centre-State Relations, Constitution, Governor, Role of Governor, Legislative Relations, Administrative Relations, Financial Relations, Trends in Centre-State Relations

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Why in the news?

• The Tamil Nadu government has filed a writ petition in the Supreme Court against the Governor of Tamil Nadu, R.N. Ravi, accusing him of creating a constitutional crisis by not assenting to Bills passed by the state legislature and hindering the day-to-day governance of the state.
• The government alleges that the Governor's inaction has led to an administrative standstill and has positioned himself as a political opponent to the elected state government.

What are the Allegations Against the Governor?

• Creating a Constitutional Deadlock: By not promptly considering and giving assent to Bills passed by the Tamil Nadu Legislative Assembly, the Governor is accused of creating a deadlock that disrupts the function of the state government.
• Stymieing Governance: The Governor's delay or failure to act on various government functions is alleged to be impeding day-to-day governance, which could potentially bring the state's administration to a standstill.
• Acting as a Political Rival: The Governor is accused of positioning himself as an adversary to the legitimately elected state government rather than fulfilling his constitutional role as a neutral figure.
• Withholding Assent and Approvals: He is alleged to have not signed remission orders, day-to-day files, appointment orders, and approvals for recruiting, which are essential for the functioning of the state administration.
• Blocking Corruption Investigations: The Governor is accused of failing to grant approval to prosecute Ministers and MLAs involved in corruption and has also reportedly not sanctioned the transfer of investigations to the Central Bureau of Investigation (CBI) as directed by the Supreme Court.
• Non-Cooperation with State Administration: The Governor is claimed to be creating an adversarial attitude by not cooperating with the state administration, particularly in appointments to the Tamil Nadu Public Service Commission (TNPSC).

What are the Demands of the State?

• Declaration of Governor's Actions as Illegal: The state has requested the Supreme Court to declare the inaction, omission, delay, and failure to comply with constitutional mandates by the Governor as illegal and arbitrary.
• Imposition of a Deadline: The state has sought an order from the court to fix a deadline or an "outer time limit" for the Governor to consider and act on the Bills and government orders that are pending with his office.
• Resolution of Appointment Delays: The state has pointed out specific delays, such as the pending appointments of the Chairman and members of the Tamil Nadu Public Service Commission (TNPSC), and is seeking intervention for these appointments to be carried out.
• Sanction for Prosecution in Corruption Cases: The state is demanding that the Governor grant sanction for prosecution and investigation into cases of corruption involving public servants, which he has reportedly failed to do.

Important Constitution Provisions

• Article 154: It vests the executive power of the state in the Governor and allows him or her to exercise it directly or through officers subordinate to him.
• Article 163: This article states that the Governor shall act on the aid and advice of the Council of Ministers with the Chief Minister at the head in the exercise of his functions, except in so far as he is by or under the Constitution required to exercise his functions or any of them in his discretion.
• Article 166: It deals with the conduct of business of the Government of a State and provides that orders and other instruments made and executed in the name of the Governor shall be authenticated in such a manner as may be specified in rules to be made by the Governor.
• Article 200: It gives the Governor the power to assent to a bill, withhold assent, or return the bill (if it is not a money bill) with a request for reconsideration. It does not prescribe any time limit for the Governor to act on the bills presented.
• Article 213: This allows the Governor to promulgate ordinances during recess of the legislature, which have the same force and effect as laws enacted by the legislature.
• Judicial Reviews and Writ Petition: The judiciary has the power to review the actions of the Governor if they are challenged as being unconstitutional through writ petitions under Article 32 of the Constitution for violations of fundamental rights, or Article 226 for any other rights.

What are Roles and Responsibilities of the Governor?

• The Governor in the Indian political system is the constitutional head of a state, similar to the President who is the constitutional head of the Republic of India.
• Appointed by the President, the Governor’s roles and responsibilities encompass various dimensions – executive, legislative, and judicial, among others.
• The Governor’s role is largely of a ceremonial head at the state level but with important duties and responsibilities that can have significant implications for state administration, particularly in situations where the use of discretionary power is called upon.

Conclusion

The Tamil Nadu government seeks intervention from the Supreme Court to resolve this constitutional crisis. The government's plea to the Supreme Court aims to end the standoff and restore smooth administration in the state.

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FAQs

MCQs

Question: Consider the following statements: (UPSC 2023)

Statement-I: In India, prisons are managed by State Governments with their own rules and regulations for the day-to-day administration of prisons.

Statement-II: In India, prisons are governed by the Prisons Act, 1894 which expressly kept the subject of prisons in the control of Provincial Governments.

Which one of the following is correct in respect of the above statements?

(a) Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I

(b) Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I

(c) Statement-I is correct but Statement-II is incorrect

(d) Statement-I is incorrect but Statement-II is correct

Question: Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past? (UPSC 2019)

(a) First Administrative Reforms Commission (1966)

(b) Rajamannar Committee (1969)

(c) Sarkaria Commission (1983)

(d) National Commission to Review the Working of the Constitution (2000)

Question: Which of the following are the discretionary powers given to the Governor of a State? (UPSC 2014)

1. Sending a report to the President of India for imposing the President’s rule
2. Appointing the Ministers
3. Reserving certain bills passed by the State Legislature for consideration of the President of India
4. Making the rules to conduct the business of the State Government

Select the correct answer using the code given below.

(a) 1 and 2 only

(b) 1 and 3 only

(c) 2, 3 and 4 only

(d) 1, 2, 3 and 4