Kerala Governor Rajendra Vishwanath Arlekar on Saturday said the Supreme Court’s recent ruling on Tamil Nadu governor case, setting a timeline for Governors to take a decision on bills passed by the assembly, is an outrageous act .
In an interview with ‘Hindustan Times’, he said that it is for the Parliament to take a decision on such matters.
The state governor, who holds a constitutional position, has leveled a serious allegation against the Supreme Court .Governor Arlekar said the court saying, or for that matter any other person saying that the Governor should do it within a certain time-period is not something implied in the Constitution.
He said the issue should have been left to the Constitution Bench and that the time limit should be set through an amendment to the Constitution.
Governor Arlekar said the verdict of the Supreme Court division bench comprising Justice JB. Pardiwala and Justice R. Mahadevan in the case related to the Tamil Nadu Governor,is overreaching and that Parliament should decide on such matters.
The Governor’s question is how a two-judge bench can give such a verdict. He said that the bench which heard the matter should have referred the matter to a Constitution bench. He said fixing the time limit amounts to a Constitutional amendment. If the constitutional amendment is being done by the court, why are legislature and Parliament needed?,he asked
“ What I felt is that the bench which heard the matter should have referred the matter to a Constitution bench. But the court said whatever it wanted to say. The matter which they were discussing was a constitutional matter. The Constitution has not put any time-limit for the governor to give assent to the bill. But if the Supreme Court today says there has to be a time-limit, be it one or three months, it becomes a Constitutional amendment. If the constitutional amendment is being done by the court, why are the legislature and Parliament needed?” Governor Arlekar said
The Governor said that the Constitution does not specify that the Governor should take a decision on the bills within a specific time
“It is the right of the Parliament to make amendments. You need to have a two-third majority in favour of the amendment. And two judges sitting there, they decide the fate of the constitutional provision? I don’t understand this. This is overreach by the judiciary. They should not have done this. I may be wrong,” Governor Arlekar said .
On the issue of Tamil Nadu Governor withholding bills,Governor Arlekar said he(the Tamil Nadu Governor) must be having some issues(with the bills); let them address that. He added that many judicial cases are pending for years together in different courts, including in High courts and Supreme Courts. If Supreme Court judges have some reasons, Governor also may have some reasons, he said
“The Governor of Tamil Nadu must be having some issues (with the bills); let them address that. We have seen many judicial cases in different courts pending for years together.High courts and the Supreme Court keep matters pending. There must be some reasons. If SC judges have some reasons, governor also may have some reasons. That has to be accepted. If at all, people of this country feel there should be a time-limit, let the people do it through Parliament,” Governor Arlekar said
On the Munambam issue, where around 600 families are facing the threat of eviction from their land residents, he exuded confidence that the recent amendment to the Waqf Act would resolve the issue
“I think the issue in Munambam should get resolved in the light of the amendments passed as part of the Act. All the concerned parties should take note of it and as early as possible give justice to the people. Every political party has gone there and indicated their support. It is to be seen how the state and the political parties are giving justice to them. They have a good weapon in the form of the Waqf amendment Act,” Governor Arlekar said
In the landmark judgment in the ‘State of Tamil Nadu vs Governor of Tamil Nadu’ case, the Supreme Court has also set timelines for the President to act as per Article 201 of the Constitution on the Bills which the Governor has reserved for the President’s assent The court held that the President must take a decision within 3 months on the Bills reserved.
It said “in case of any delay beyond this period, appropriate reasons would have to be recorded and conveyed” to the state concerned. In the judgment, the Court has also set timelines for Governor’s actions on Bills under Article 200.