State claimed that the Governor has failed to accord sanctions for prosecution, investigation of corruption cases filed against ex ministers.
The State contended that the Governor is "engaging in politically motivated conduct"
The DMK government in Tamil Nadu led by Chief Minister MK Stalin has approached the Supreme Court seeking direction to Governor RN Ravi to dispose of the pending Bills (passed in the state Assembly), Government Orders, and prosecution sanctions within a stipulated time period.
Arguing that the refusal to act on the aid and advice of the Council of Ministers or deliberate inaction in acting on the Bills or on the files on the part of the Governor, including any delay, will defeat the very purpose of Parliamentary democracy and the will of the people.
The state government claimed that It consequently violates the basic structure of the Constitution.
The state contended that the Governor is “engaging in politically motivated conduct”.
The state also submitted that the Governor has not only kept the Bills pending, but he has also failed to accord sanctions for prosecution and investigation of various crimes of corruption filed against former ministers.
Pointing out the sanction pending on the appointment of the chairman and members of the Tamil Nadu Public Service Commission, the Tamil Nadu government, in its petition, submitted that due to this the commission’s functions were stalled.
“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,” the petition stated.
“The Governor is creating an adversarial attitude by not cooperating with the state administration,” added the petition.
The petition stated that the Governor, who was appointed by the Union Government in line with the Constitution, had positioned himself as a political rival to the legitimately elected state government.
It added that the Governor has been 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.
The Tamil Nadu government submitted that the Governor is toying with the citizen’s mandate by not acting upon his Constitutional functions.
Referring to the Article 200 of the Constitution, the state submitted, “Though the Constitution gives the power to Governors to grant assent/withhold assent, and does not specifically fix any time limit for the Governor, it uses the phrases ‘shall declare’ and ‘as soon as possible’ indicating the urgency with which the Governor must act.”
The assent of the Governor does not involve any element of discretion of the individual occupying the Governorship, the petition added.
The state prayed to declare that the Governor’s inaction regarding the consideration and assent of the Bills passed and forwarded by the Tamil Nadu State Legislature to him and the non-consideration of files, Government orders and policies forwarded by the State Government for his accent is unconstitutional and a mala fide exercise of power.
The state government in their petition sought a direction for a specified timeline by which the Governor shall dispose of all pending Bills, files, and Government orders forwarded by the Tamil Nadu Legislative Assembly.
Pending prosecution sanctions against former AIADMK ministers BV Ramana and Dr C Vijayabhaskar for their alleged involvement in the Gutkha scam and cases registered by DVAC against former minister KC Veeramani and MR Vijayabhaskar
On 12 September, 2022, the DMK government forwarded the CBI’s plea to prosecute the two former ministers Ramana and Vijayabhaskar, besides two retired senior police officers and eight others, in the Gutkha scam, to the governor.
The files relating to KC Veeramani and MR Vijayabhaskar were sent on September 12, 2022 and May 15, 2023.
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