DMK govt’s resolution against Governor urges President, Centre to set timeline for bill clearing

Tamil Nadu assembly on Monday passed a resolution against state Governor RN Ravi for allegedly not clearing Bills passed by the Assembly, urging President of India and the Centre to issue appropriate instructions to the Governor to give assent to the Bills passed by the Assembly within a specific period of time.

In an interesting turn of events, the Governor accorded his assent to the state bill banning online gambling in Tamil Nadu hours after this resolution was moved. This was done after the assembly sent the Tamil Nadu Prohibition of Online Gambling & Regulation of Online Games Bill, 2022 to him for the second time.

The DMK government and the Governor had been at odds over a number of issues and the party has alleged that Ravi was not clearing bills “as per his wish” in violation of the norms and giving false information regarding it. Tamil Nadu Chief Minister and DMK chief MK Stalin has accused the Governor of not clearing 14 bills passed by the Assembly.

“We are only criticising the Governor's actions. We will not be quiet if the hindrance is caused to Assembly proceedings. Governor is withholding the Bill as per his wish and giving false information. We do not bring a Bill to appease anyone. NEET Bill and ban on online gambling Bill were passed after several levels of consideration and committees," Stalin said in the Assembly earlier.

"He spoke about the Bills passed in favour of Tamil Nadu people in the public platform, especially when the PM comes to Chennai or when I go to Delhi. He refuses to give assent online gambling ban bill and says that the Bill withheld is flat. As per Constitution, if a Bill is returned, once passed and sent back, Governor should give assent. Giving the authority of signing to a nominated person while the law is passed by the Legislative Assembly must be pondered," Stalin said.

Speaking on the resolution, Stalin said it was second time he was doing it against the Governor.

“This is the second resolution I am bringing against Governor. The Sarkaria Commission had said that Governor should be a detached figure. Dr Ambedkar has said that Governor should not intervene within the authority of the State Government. Several Supreme Court orders have said that the Governor should be a guide. But our Governor is not ready to be a friend of the people.”

Earlier this year, the DMK government had moved a resolution against the Governor for skipping certain areas of the Governor’s address prepared by the state government.

"This is the second resolution I am bringing against Governor. The Sarkaria Commission had said that Governor should be a detached figure. Dr Ambedkar has said that Governor should not intervene within the authority of the State Government. Several Supreme Court orders have said that the Governor should be a guide. But our Governor is not ready to be a friend of the people," he said.

While DMK and its alliance partners voted in favour of the resolution, AIADMK MLAs walked out alleging that they were not given time to speak.

"This august House records with deep regret the action of the Governor of Tamil Nadu in indefinitely withholding many Bills without giving permission, passed by the Legislative Assembly of Tamil Nadu — on the basis of its sovereignty and the legislative responsibilities enshrined in the Constitution of India — thereby functioning against the welfare of the people of Tamil Nadu," the Resolution read.

The Resolution stated that the Governor’s statements regarding the Bills passed by the Tamil Nadu Assembly were not in accordance with the office he holds, the oath he took and the interest of the State Administration.

It urged the Centre and the President to prescribe a time limit to Governors to give assent to the Bills passed by the Legislatures.

"In order to establish the legislative power of the Legislative Assembly of Tamil Nadu and refrain Governor from continuing to act against the interests of the people of Tamil Nadu and thereby tarnishing the principles of democracy and the sovereignty of this august Legislative Assembly, this august House unanimously insists that the Union Government and the President should immediately issue appropriate instructions to the Governor to assent to the Bills passed by this Assembly within a specific period," it added.

Earlier this month, Governor Ravi had at a public forum said that the Governor has the authority to give assent or withhold a Bill passed by the Assembly and that the by withholding it, it meant that the “Bill is dead”.

Stating that the Governor’s role is to protect the Constitution, he had said that the Governor looks into a bill to ensure it does not "transgress the Constitutional limit" and the state government does not "exceed its competence".