Good judgement, says DMK leader on SC verdict on Governors

Chennai, Nov 20 (PTI) The ruling DMK on Thursday termed the verdict of the Supreme Court on Governors as a "good judgement" and that it would be useful in other cases involving powers of the gubernatorial post.

Senior DMK leader TKS Elangovan said that if the state assembly elected by the people of Tamil Nadu had passed a resolution, the Governor has to accept it.

"If he finds anything which is contradicting the provisions of the Constitution, he may seek clarifications. He cannot deny any bill. He cannot say this bill cannot be passed. He has no authority," Elangovan told PTI videos.

"Even the President is elected by the MLAs and MPs. Vice President is elected by the MPs. Prime Minister is elected. The governor is appointed. So his duty is to see that whether any Bill passed by the Assembly is in consonace with the constitutional provisions," he said.

Governor can only seek clarification on a bill. "He cannot reject a bill," he said.

"And if the Government gives a clarification, he has to accept it. But this Governor is adamant." he said in an apparent reference to R N Ravi.

"He has a history of not being for the people. He thinks he is the king. He cannot be a king. The Governor understand in a democracy there is no role for any king. This is a good judgement and this will be useful in further cases as to the powers of the Governor. This judgement will hold good for those as well," the former MP said.

The Supreme Court in a significant verdict ruled that timelines cannot be fixed for the Governor and the President for giving assent to Bills passed by State assemblies and the judiciary cannot also grant deemed assent to them.

A five-judge Constitution bench headed by Chief Justice BR Gavai unanimously held that it would be against the interest of federalism, if the Governor without following due process under Article 200 (power to governor to provide assent to bills passed by assembly), is allowed to withhold bills.

In its unanimous verdict, the bench also ruled that governors cannot sit over bills beyond the powers granted to them under Article 200.

"We don't think governors have unfettered power to sit over bills passed by state assemblies," said the bench headed by Chief Justice B R Gavai and also comprising Justices Surya Kant, Vikram Nath, P S Narasimha and A S Chandurkar. PTI VIJ JR SA