Former AGs KK Venugopal, Mukul Rohatgi appear before Supreme Court against Kerala, Tamil Nadu Governors

Former Attorneys General for India KK Venugopal and Mukul Rohatgi on Monday represented the governments of Kerala and Tamil Nadu before the Supreme Court in petitions filed by the two states flagging inaction on the part of their respective Governors..Whereas Venugopal represented the Kerala government in its petition against Governor Arif Mohammed Khan, Rohatgi made submissions for the Tamil Nadu government against Governor R Ravi..Both State governments have alleged that their respective Governors have not been cooperating with the elected governments to pass bills.In Tamil Nadu's case, the DMK-led government has contended that several crucial bills are not being considered by Governor Ravi, including files pertaining to sanctions for the prosecution of public servants and the premature release of various prisoners.Recently, the Supreme Court taken exception to the Tamil Nadu Governor's apparent refusal to give assent to as many as 12 bills passed by the State legislature.In Kerala's case as well, the CPI (M)-led State government has raised similar concerns that the Kerala Governor has been delaying the grant of assent to bills passed by the State Legislative Assembly.."This is endemic situation...The Governors do not realise that they are part of the Legislature under Article 168...He (Governor Khan) has signed three ordinances and when it is made a bill, he sits on it for 2 years," Venugopal argued today, appearing for the Kerala government. .A Bench of Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra proceeded to issue notice in the matter and requested either Attorney General R Venkataramani or Solicitor General Tushar Mehta to assist the Court..Rohatgi today informed the Court that the Tamil Nadu government has decided to re-introduce ten bills that were sent back by Governor Ravi without reasons."The Governor said, I withhold assent...The Tamil Nadu assembly reconvened a special sitting on Saturday and re-enacted all the bills and sent it again to the Governor," Rohatgi submitted..Senior Advocates AM Singhvi and P Wilson also appeared for the Tamil Nadu government."The government also has to run and 7.3 crore people have to be answered to," Wilson argued."Every time, we (elected State government) cannot be coming to the Supreme Court," Rohatgi added.Singhvi submitted that there were fifteen bills pending with the Governor of Tamil Nadu."The Assembly has re-enacted the ten bills and sent it back now...So, fifteen pending...if five bills of October are ignored, then still ten are pending...Now, no discretion left (for the Governor) after the bills are re-passed...Even if wrong bills are passed...The legislature has the right to do so and Governor has no right in this," he argued..The CJI orally observed that once a bill is re-sent to the Governor, it is on the same footing as a money bill. The CJI went on to raise questions regarding the Governor's alleged conduct, hinting that the top court should ideally not be forced to intervene in such issues."On bills, it is said he (Governor) disposed of the bills on November 13 and our order (on a similar case concerning the Governor of Punjab) was passed on November 10...The bills were pending since January 2020...And thus action was after our order...What was the Governor doing since last three years?...Why should these cases come to the Supreme Court?".Singhvi submitted that such matters are bound to keep coming back to the Supreme Court if it only undertakes a "reiterative" process."Tamil Nadu Governor has violated each and every word of Article 200," he asserted..The Court, however, noted that there may be cases where the Governor has to send back the bills if there are doubts on the legislative competence to enact such a law. The petitioner-lawyers replied that there were limits to such powers as well."The Governor cannot indefinitely sit on the bills," Wilson argued..Meanwhile Attorney General Venkataramani urged the Court to adjourn the case till November 29, while arguing that the state governments cannot seek to get "indirect assent" for their bills by approaching the Supreme Court.He also pointed out that many of the bills in question were pending since January 2020, even before Ravi was appointed Governor of Tamil Nadu."He (Ravi) assumed office on November 18, 2021...They cannot get indirect assent for the bills like this...Please keep the case on November 29," the AG urged the top Court..The Court acceded to the request for adjournment and listed the matter for further hearing on December 1..The Supreme Court recently ordered Punjab Governor Banwarilal Purohit to decide on the bills submitted before him by the AAP-led State legislature for his assent, after the Punjab government filed a similar petition before the top court.