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SC’s verdict on TN Governor resolves constitutional silence

Tamil Nadu Governor RN Ravi. |Picture source: S. Siva Saravanan

The Supreme Court’s deadline for the governor’s decision to the fate of the bill sent to them is to insert “constitutional silence.”

The text of the Constitution does not specify any time limit for the governor. This has caused governors of multiple opposition countries to sit on the bill.

Despite the November 2023 Apex Court Order Chief Secretary of the Governor of Punjab and Punjab “Real power is a democratic representative of the elected people in the form of democratic forms. The governor, as appointed by the president, is the person in charge of the country.”

State governments like West Bengal, Tamil Nadu, Punjab and Kerala continue to accuse their governors of doing things like “political rivals.”

However, on April 8, Justices JB Pardiwala and R. Mahadevan declared that if the governor is unwilling to comply with or keep the president’s bill, no governor can comply with its maximum time limit to invite judicial proceedings. Therefore, the April 8 judgment is farther from the earlier court decisions, which only prompted the governor to act in a “reasonable period.”

The week before the verdict in the Tamil Nadu governor’s case, the Supreme Court made harsh remarks on another constitutional silence, which allowed the spokesperson to facilitate the spokesperson’s decision to delay disqualification lawsuits under anti-forgery laws.

The remarks came from a bench led by Justice BR Gavai on April 3 while retaining a judgment on the months-long delay challenge by Telangana spokesman to decide on a disqualification petition filed under the Anti-Crime Act (the Tenth Constitutional Schedule) targeting the 10 BRS MLA of the state transferred to the state’s ruling assembly.

Specific time period

Judge Gawai said the court would fix “specific time periods” for speakers, or disqualified petitions could end up in the “trash bin”, and the tenth timeline would be reduced to mockery. Judge mentions Supreme Court ruling in 2020 Keshab Meghachandra Singh It said that the case under the tenth schedule should be decided within three months. So far, this is largely a violation of the speaker.

At hearings in Tamil Nadu and Trangana cases, both the Supreme Court clarified that it did not want to interfere with the governor or spokesperson’s decision, but within what time. The constitutional authorities cannot use the constitutional silence to weapons delays in blocking the will of the people, the court emphasized.

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