New Delhi [India], April 8 : Advocate Rakesh Dwivedi, who appeared for the state of Tamil Nadu in the Supreme Court regarding the case of Governor R N Ravi reserving multiple bills, also highlighted on Tuesday that the top court has held that Governors should act as an "advisor" to state government and not act as an "obstructive machinery."
"This court has once again provided that Governors must act according to their dignity and constitutional norms of Parliamentary democracy and they should not frustrate the attempts of the state legislature to pass laws and they must act as an advisor and not as an obstructive machinery," Advocate Dwivedi told reporters outside the Court.
Talking about how the Court upheld that the bills on whose asset had been reserved and were then subsequently sent to for President's assent have been deemed to be passed to become an act of Tamil Nadu.
"The most important part of today's judgement is that this court not only satisfied the actions of the Governor in reserving the bills and sending them to the President of India after the legislature of Tamil Nadu has passed the bills second time, but this court has also exercised its power under Article 142 and directed that all the 10 bills will be deemed to have obtained the assent of the Governor, so they don't need to go back to the Governor, and they have become an act of the state of Tamil Nadu," the advocate said.
Meanwhile, DMK spokesperson Saravanan Annadurai launched a scathing attack on the Central government today, claiming that the judgement has shown how the BJP uses the office of the Governor to undermine state governments.
"This is a stinging slap for the Governor, and if he is a decent man, he would resign... We have been saying that the BJP is using the office of the Governor to undermine the state governments, especially the opposition-ruled states, and here we have seen the Governor has not acted upon 10 bills," Annadurai told ANI.
He further said how this verdict will also serve as a precedent for other Governors across the state, with the office not being allowed to sit on a bill for more than a month.
"This verdict will apply throughout the country, and Governors will not be able to sit on a bill for more than a month..," the DMK spokesperson said.
Earlier today, the Supreme Court held that the Tamil Nadu Governor RN Ravi withholding 10 bills and reserving them for the President's assent after they were re-enacted by the State Legislature is "illegal and erroneous in law" and liable to be set aside.
A bench of Justices JB Pardiwala and R Mahadevan said the Governor must act in aid and advice of the State Legislature. The top court order came on plea of Tamil Nadu government against the state Governor for withholding assent on bills passed by the Assembly.
It said the Governor does not have the veto power to sit over bills sent to him by the State legislature. The Governor must assent to a bill when it is presented to him after reconsideration by the State assembly, he can only refuse assent when the bill is different, the apex court said.