NEW DELHI: Alleging “constitutional deadlock” due to non-cooperation of the governor by not giving assent to many important bills passed by state assembly, M K Stalin-led Tamil Nadu govt Tuesday told SC that R N Ravi has been acting malfide and with malice from the very first day he took oath leading to complete stalemate.
Appearing before a bench of Justices J B Pardiwala and R Mahadevan, advocates Abhishek Manu Singhvi, Mukul Rohatgi and P Wilson told the bench that the constitutional post in the state is acting against the constitutional provisions and if it continues then the democratic system would fail in the state as the govt elected by people is not being allowed to function. They said that ten bills were sent to the governor after reconsideration by the assembly but he did not give approval.
Singhvi said that as per Art 200, a governor can grant assent or refer it to President or send it for reconsideration but when it is sent again after reconsideration, then governor is left with no option but to approve the bill. He said that the present governor is making a mockery of Art 200 and pleaded the court to intervene to settle the controversy. Rohatgi added this is a problem faced by other states governed by opposition parties, including in Punjab and Bengal, which had to also approach court earlier.
Wilson said the governor had been acting malafide from day one and brought to SC’s notice that he even asked govt to dismiss a minister.
AG R Venkataramani, appearing for the governor, submitted that all bills requiring the governor’s assent had already been addressed, with no bills currently pending for approval.
The state submitted that an elected govt was entitled to commit a mistake and it is for electorate to decide and act against govt. It said governors are bound by the Constitution to act in accordance with advice of council of ministers.