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Synopsis

The Supreme Court today issued notice in a plea by the Tamil Nadu Government over the inaction, omission, delay and failure to comply with the constitutional mandate by the Governor of Tamil Nadu to give his assent to the Bills passed and forwarded by the Tamil Nadu State Legislature to him.

"Four categories of issues are pending before the Governor..the issues raise a matter of serious concern. It appears that as many as 12 bills submitted to the governor under Article 200 have not elicited any further action. Other matters are also pending such as proposals for sanction, premature release of prisoners and appointment of members of Public Service Commission. We issue notice. List on the Monday immediately after vacations", a bench of CJI DY Chandrachud, Justices JB Pardiwala and Justice Manoj Misra ordered.

At the beginning of the hearing, Senior Advocte AM Singhvi, appearing for the Tamil Nadu government referred to issue of Governors of various states not giving assent to bills and said, "From Punjab to Tamil Nadu this disease is spreading..5 pages of bills, starting from 2020.. we are begging you to give sanction for prosecution...he is silent..also same for remission..people are in prison something is to be done about it..so many request for sanction..".

Court has been told that the non-consideration of files, Government orders and policies forwarded by the State Government for his signature is unconstitutional, illegal, arbitrary, unreasonable besides malafide exercise of power.

"The Governor by not “signing remission orders, day to day files, appointment orders, approving recruitment orders, granting approval to prosecute Ministers, MLAs involved in corruption including transfer of investigation to CBI by Supreme Court, Bills passed by Tamil Nadu Legislative Assembly” is bringing the entire administration to a grinding halt and creating adversarial attitude by not cooperating with the State administration", the petition states.

Filed through AOR Sabarish Subramanian, the petition further submits that the State Governor has positioned himself as a political rival to the legitimately elected Government by hindering and obstructing the Legislative Assembly's ability to carry out its legislative duties by unjustly and excessively delaying the consideration of bills that the Assembly has passed.

"Furthermore, the Governor has failed to accord sanction for prosecution and investigation qua various crimes of corruption involving moral turpitude of public servants and issues pertaining to the premature release of Prisoners..", Court has been told.

Accordingly, the government has sought a writ in the nature of Mandamus to the Governor to dispose of all the Bills, files, Government orders forwarded by the Tamil Nadu Legislative Assembly and Government which are pending with his office within a specified timeframe.

Notably, Tamil Nadu has also approached the Supreme Court against the Governor's decision to constitute selection committees for appointing the Vice-Chancellors of three Universities in the state.

The Writ Petition is challenging the 3 impugned notifications issued by Governor Chancellor allegedly in exercise of his eo-nominee functions under State Statutes as Chancellor of 3 State Universities.

"The Hon'ble Governor-Chancellor who is conferred with certain ex-officio functions under the State Acts established under the three State Universities namely the Bharathiar University, Tamil Nadu Teachers Education University and Madras University in his usual non- cooperative attitude has been causing impediments and embarrassment in the State Government Machinery and has been issuing notifications through his Governor's office for constituting Search and Selection Committees for the post of Vice-Chancellor(s) unilaterally and contrary to the respective State Statutes...", the plea states.

Case Title: THE STATE OF TAMIL NADU vs. THE GOVERNOR OF TAMILNADU