Stalin writes to non-BJP CMs on time limit for guvs to clear bills
In the past, CMs of Tamil Nadu Telangana, Kerala and West Bengal have accused their respective governors of sitting on bills cleared by the legislatures.
Chennai: Tamil Nadu chief minister M K Stalin on Wednesday wrote to his counterparts in non-Bharatiya Janata Party (BJP) states, requesting them to pass resolutions in their respective assemblies to urge the Centre to fix a timeframe for governors to approve bills cleared by the legislatures.
In the past, chief ministers of opposition-ruled states like Tamil Nadu, Telangana, Kerala and West Bengal have accused their respective governors of sitting on bills cleared by the legislatures.
On Monday, the Tamil Nadu assembly adopted a resolution to urge the Centre and President to fix a timeframe for governors to approve bills adopted by the House. The move came days after governor R N Ravi’s remarks that bills, which are withheld, should be considered “dead” sparked a political row.
In his letter to the chief ministers in non-BJP-ruled states, Stalin, who is also the chief of the ruling Dravida Munnetra Kazhagam (DMK) in Tamil Nadu, said: “Some Governors today are indefinitely holding various Bills that have been duly passed by the State Legislatures and sent for approval, which brings the respective State administrations to a standstill in such areas.”
He added: “Considering various aspects of the issue, we took several efforts to clarify the doubts and concerns raised by the Governor on the bills sent for approval, including the ‘Bill to Ban Online Rummy’. As our efforts failed and as we came to know that many other states have similar issues, we in Tamil Nadu deemed it fit to pass a Resolution in our State Assembly urging the Union Government and the President of India to fix a time limit for the Governors to approve the Bills passed by the respective Legislatures.”
The letter was released by the government on Wednesday.
To be sure, the governor on Monday gave his assent to the Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Bill, hours after the resolution was passed by the assembly. He is, however, yet to give his assent to nearly 20 bills cleared by the state cabinet since he took office in September 2021.
Enclosing a copy of the resolution passed by the assembly on Monday, Stalin said in the letter: “I am sure that you will agree with the spirit and content of the Resolution, and extend your support in this regard to uphold the sovereignty and self-respect of the State Governments and the Legislatures by passing a similar resolution in your State Assembly.”
The Indian Constitution has clearly defined the roles and responsibilities of the Union and state governments along with the role of the governor, Stalin said. “However, it is observed that such time-tested principles are neither respected nor followed now, affecting the functioning of the state governments,” he said.
In the past, chief ministers of opposition-ruled states like Telangana, Kerala and West Bengal have accused their respective governors of sitting on bills cleared by the legislatures.
Stalin’s letter also comes in line with his efforts to unite opposition parties against the BJP-led Centre ahead of the 2024 Lok sabha elections. On April 3, his party hosted the maiden conference of the All India Federation for Social Justice, which saw the participation of 19 opposition parties in hybrid mode in Delhi.
Meanwhile, the DMK-led Secular Progressive Alliance staged a protest against the governor in front of Raj Bhavan on Wednesday over the pending bills.
Both the state government and governor have been locked in a standoff over various issues for quite some time, including the latter’s pending assent to nearly 20 bills. Of the nearly 20 bills, governor Ravi returned two to the House.
The Undergraduate Medical Courses, 2021 Bill, which seeks to abolish the National Eligibility-cum-Entrance Test (NEET), was returned last February for reconsideration. The Tamil Nadu Prohibition of Online Games Bill, which seeks to ban online gambling, was returned in March this year as the governor contended that the state assembly is not competent to frame a law on the subject.
The state assembly re-adopted both these bills for the second time and has sent it to the governor for his assent. While the anti-NEET bill is with the ministry of home affairs, the bill against online gambling was cleared by Raj Bhavan on Monday.
On April 6, Ravi stoked controversy when he said that the governor has three options when he has to give his assent to a bill. “One, assent; second, withhold the assent – withholding doesn’t mean that I am holding it. Withholding has been defined by the Supreme Court as the bill falls through, the bill is dead. It is a decent language used instead of the word ‘reject’. When you say ‘withhold’, the bill is dead. Third option, the governor reserves the bill for the President of India,” he said during an interaction with civil service aspirants at Raj Bhavan.
His comments came under fire from the DMK government with Stalin saying it was “unbecoming” of a person who holds a Constitutional position to “withhold without boldly accepting or opposing” the bills.
According to the Constitution, the governor cannot reject a bill sent by the assembly. He can return a bill to the government with his objections or observations and if the assembly clears it for a second time, he can either give his consent or forward the bill for the President’s consideration. However, the Constitution does not provide a timeframe for the governor to decide on either of the two.
