Supreme Court's Judgment In Tamil Nadu Govt's Plea Against TN Governor Over Delay In Assenting Bills - LIVE UPDATES
Justice Pardiwala : The following time lines are laid down.
In case of either withholding of bills or reservation of bill for President, the Governor shall take action within one month.
Justice Pardiwala : Governor did not act bona fide, the bills were deemed to have been assented to by the Governor on the date when they were re-presented.
#BREAKING Supreme Court holds that the Tamil Nadu Governor's reservation of 10 bills for President's assent is illegal and liable to be set aside.
Justice Pardiwala : As a general rule, it is not open for the Governor to reserve a Bill for the President after the bills have been re-presented by the Government after being passed again by the Assembly.
Justice Pardiwala : The only exception is when the bill presented in the second round is different from the first version.
Justice Pardiwala : There is no scope for the Governor to simplictor declare withholding assent. Absolute veto is impermissible within Article 200.
#BREAKING Justice Pardiwala : Neither the concept of "absolute veto" or "pocket veto" finds a place in the Constitutional scheme. Whenever the Bill is presented to the Governor, he is under obligation to adopt one of the course of action provided in Art 200.
Justice Pardiwala : Once Governor is withholding assent, he has to follow the course of action set out in first proviso to Article 200 as soon as possible.
Justice Pardiwala : . First proviso of Article 200 should be read in conjunction with withholding assent and it is not independent course of action.
J Pardiwala : The Governor has three options - first, to assent. second, to withhold assent. Third, to reserve for President.
J Pardiwala : First proviso to Article 200 not an independent course of action. Decision in Punjab case correct.
Justice Pardiwala : While the framers of the Constitution set out with a vision that the Governor would be a constitutional head, a sagacious head, what has unfolded has been quite the opposite, as this Court has been called to calm the troubled waters stirred by a dispute..