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The Hindu
The Hindu
Comment
Manuraj Shunmugasundaram

MYSTERIOUS: The importance of constitutional punctuality - What They Never Told You

Recently, the Tamil Nadu Legislative Assembly passed a resolution seeking to provide for a time frame for Governors to act on Bills passed by the State Legislature. The motivation was that the Governor of Tamil Nadu, R.N. Ravi, had withheld assent to as many as 13 Bills passed by the Tamil Nadu Legislative Assembly. Last week, the Supreme Court of India, while disposing of a case filed by the State of Telangana against its Governor Dr. Tamilisai Soundararajan, remarked that Governors should not sit over Bills indefinitely. Taking this sentiment farther, the idea of constitutional punctuality need not be restricted to gubernatorial offices alone. All constitutional high offices including those of the President of India and Speakers of Assemblies must suo motu evolve guidelines to discharge duties in a time-bound manner.

In the resolution passed on April 10, 2023, the Tamil Nadu Legislative Assembly urged the Union Government and President to advise the Governor to decide on the bills passed by the State Legislatures within a reasonable time period. The resolution, proposed by the Chief Minister, M.K. Stalin, argued that it was important to protect the sovereignty of the Legislatures and, ultimately, safeguard parliamentary democracy.

Subsequently, the Chief Minister of Tamil Nadu wrote to his counterparts in other Opposition-ruled States and encouraged them to pass similar resolutions in their Assemblies. So far, the Chief Ministers of Delhi, Kerala, and West Bengal have expressed their support for the resolution and its underlying principles. In the case of Telangana, the State had already filed a writ petition seeking direction from the Supreme Court to the Governor to decide on the Bills, passed by the Assembly, in a timely manner. Looking at these developments, it would be fair to say that the time has come to evolve a new constitutional architecture that would deliver on the demands for a time-bound constitutional delivery mechanism.

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