‘Unfit’ Governor sitting on bills in Tamil Nadu: DMK plaint to President

CHENNAI:  The DMK-led alliance, in its proposed memorandum to the President seeking action against Governor RN Ravi, has said the governor has proved through his actions and conduct that he is unfit to hold the constitutional post.

According to party sources, the two main aspects highlighted in the memorandum are the delay by the governor in giving assent to bills passed by the Assembly and his statements that go against the spirit of the Constitution.

Sources said the memorandum highlights that the governor has been ‘publicly contradicting the state government’s policies and unduly delaying assent to bills’. This is ex-facie unconstitutional since it impedes and obstructs a democratically elected government from serving the people.

Party sources said this amounts to interference in the administration of the state and transaction of business by the legislature. Party sources said the memorandum will elaborate on the rights of the assembly and underscore the point that a governor cannot sit as an appellate authority over the decision of the cabinet or the legislature. The need, requirement or necessity of a bill cannot be inquired into by the governor as it is within the sole prerogative of the legislature.

Once a bill is passed, it is deemed to be the will of the people and the governor has to act within the framework of the Constitution. The memorandum will elaborate on some of the bills that are pending with the governor for a long time and include a list of 20 pending bills.

One of the points the memorandum will draw attention to is a remark by the governor that “India is dependent on one religion like the rest of the world”. Party sources said this statement is an affront to India’s Constitution. The memorandum will argue that the governor is instigating communal hatred.

The petition will cite Article 156 (1) of the Constitution, which states that the governor serves at the pleasure of the President, and will appeal to the President to remove him from the post to preserve the constitutional values.

As of Friday, of the 49 MPs belonging to the DMK-led Secular Progressive Alliance, 43 members have signed the memorandum. Sources said some of them are in Delhi and they will sign it when a team led by TR Baalu reaches Delhi after getting President’s appointment. 

Meanwhile, former union minister and Rajya Sabha MP P Chidambaram tweeted on Friday that he welcomed the petition signed by the MPs.
 

CHENNAI:  The DMK-led alliance, in its proposed memorandum to the President seeking action against Governor RN Ravi, has said the governor has proved through his actions and conduct that he is unfit to hold the constitutional post. According to party sources, the two main aspects highlighted in the memorandum are the delay by the governor in giving assent to bills passed by the Assembly and his statements that go against the spirit of the Constitution. Sources said the memorandum highlights that the governor has been ‘publicly contradicting the state government’s policies and unduly delaying assent to bills’. This is ex-facie unconstitutional since it impedes and obstructs a democratically elected government from serving the people. Party sources said this amounts to interference in the administration of the state and transaction of business by the legislature. Party sources said the memorandum will elaborate on the rights of the assembly and underscore the point that a governor cannot sit as an appellate authority over the decision of the cabinet or the legislature. The need, requirement or necessity of a bill cannot be inquired into by the governor as it is within the sole prerogative of the legislature. Once a bill is passed, it is deemed to be the will of the people and the governor has to act within the framework of the Constitution. The memorandum will elaborate on some of the bills that are pending with the governor for a long time and include a list of 20 pending bills. One of the points the memorandum will draw attention to is a remark by the governor that “India is dependent on one religion like the rest of the world”. Party sources said this statement is an affront to India’s Constitution. The memorandum will argue that the governor is instigating communal hatred. The petition will cite Article 156 (1) of the Constitution, which states that the governor serves at the pleasure of the President, and will appeal to the President to remove him from the post to preserve the constitutional values. As of Friday, of the 49 MPs belonging to the DMK-led Secular Progressive Alliance, 43 members have signed the memorandum. Sources said some of them are in Delhi and they will sign it when a team led by TR Baalu reaches Delhi after getting President’s appointment.  Meanwhile, former union minister and Rajya Sabha MP P Chidambaram tweeted on Friday that he welcomed the petition signed by the MPs.