DMK leader TKS Elangovan said The Governor can only seek clarification on a bill, "He cannot reject a bill"
Chennai: Welcoming the Supreme Court verdict on Governors holding back Bills passed by the State Assembly, the DMK said it was a "good judgment" and that it would be useful in other cases involving powers of the gubernatorial post.
Speaking to PTI videos, Senior DMK leader TKS Elangovan said that if the State Assembly elected by the people had passed a resolution, the Governor had 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," he said.
"Even the President is elected by the MLAs and MPs. The Vice President is elected by the MPs. The Prime Minister is elected. The governor is appointed. So his duty is to see whether any Bill passed by the Assembly is in consonance with the constitutional provisions," he said.
The 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 Tamil Nadu governor 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 should understand that in a democracy there is no role for any king. This is a good judgment and this will be useful in further cases as to the powers of the Governor. This judgment will hold good for those as well," the former MP said.
He was referring to the Supreme Court ruling 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 B R 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), was allowed to withhold bills.
The bench, comprising Justices Surya Kant, Vikram Nath, P S Narasimha and A S Chandurkar also ruled that governors cannot sit over bills beyond the powers granted to them under Article 200.
