"Governor holds no veto power over Bills, says SC"

📍Bench says if a Governor withholds assent to a Bill, it must be returned to the State Legislature ‘as soon as possible’; if Assembly re-enacts it, as in the case of T.N., then the Governor must give nod
KRISHNADAS RAJAGOPAL NEW DELHI

📍The Supreme Court has laid down the law that a Governor, in case he withholds assent to a Bill, should send it back to the State legislature “as soon as possible” with a message to reconsider the proposed law.

📍If the Assembly reiterates the Bill “with or without amendments”, the Governor has no choice or discretion, and has to give his assent to it.

📍The November 10 judgment released on Thursday was based on a petition filed by the Punjab government against its Governor’s action to hold back crucial Bills. The verdict would be a significant boost to Tamil Nadu’s case.

📍The Tamil Nadu Assembly had returned 10 crucial Bills to Governor R.N. Ravi, who had withheld assent in the first instance. “The substantive part of Article 200 empowers the Governor to withhold assent to the Bill. In such an event, the Governor must mandatorily follow the course of action which is indicated in the first proviso of communicating to the State Legislature ‘as soon as possible’ a message warranting the reconsideration of the Bill...,” a three-judge Bench, headed by Chief Justice of India D.Y. Chandrachud, held.

Ultimate authority

“The ultimate decision on whether or not to accept the advice of the Governor as contained in the message belongs to the legislature alone. That the message of the Governor does not bind the legislature is evident from the use of the expression ‘if the Bill is passed again …with or without amendments’,” the Bench held.

🖋The court held that a Governor who chooses to withhold a Bill without doing anything further would be acting in contravention of the Constitution. “The Governor as the unelected Head of State would be in a position to virtually veto the functioning of the legislative domain by a duly elected legislature by simply declaring that assent is withheld without any further recourse. Such a course of action would be contrary to fundamental principles of a constitutional democracy based on a Parliamentary pattern of governance,” the court held.

🖋The court held that the Bill should be sent back to the Legislature “as soon as possible” with the mandatory message. It said the expression “as soon as possible” conveyed a “constitutional imperative of expedition”.

“Failure to take a call and keeping a Bill duly passed for indeterminate periods is a course of action inconsistent with that expression. Constitutional language is not surplusage,” Chief Justice Chandrachud wrote in the 27-page judgment.

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The Yogi Adityanath-led #UttarPradesh government has declared November 25 as "no non-veg day" on the occasion of the birth anniversary of Sadhu TL Vaswani.

Details here: https://www.hindustantimes.com/india-news/uttar-pradesh-declares-no-non-veg-day-on-november-25-heres-why-101700842313545.html

✍️ Extremely Important for Prelims 2024. Read it very carefully
✍️ Source: Indian Express

Odisha revokes nod for transfer of tribal land to non-tribals

SATYASUNDAR BARIK BHUBANESWAR

🌟The Naveen Patnaik government on Friday announced that it has withdrawn the decision to amend the Orissa Scheduled Areas Transfer of Immovable Property (By Scheduled Tribes) Regulation, 1956, which would have allowed transfer of tribal land to non-tribals.

🌟The government had put the decision on hold on November 14 after facing flak from tribal groups and the Opposition.

🌟The regulation not only prohibits the transfer of tribal land but also criminalises any forced alienation in Scheduled Areas. A Cabinet meeting held in the middle of the winter session of the State Assembly approved the proposal of withdrawing the decision to amend the regulation.

🌟In a statement in the Assembly on Friday, Revenue and Disaster Management Minister Sudam Marndi said the Cabinet had on November 14 taken a decision to amend the regulation based on the recommendation of the Tribal Advisory Council (TAC) held on July 11.

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Happy Constitution Day

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Understand your rights and duties listed in the Indian Constitution. Learn more about Samvidhan Divas, gaining knowledge that shapes our democracy!✅

Courtesy - Theprint

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Read Dr BR Ambedkar's last speech to the Constituent Assembly, which formally adopted India’s Constitution the following day.