DMK MP P Wilson Press Meet Judgement Against Governor RN Ravi CM MK Stalin Udhayanidhi Stalin

HUGE WIN FOR DMK GOVERNMENT AGAINST TN GOVERNOR:

Judgement in Writ filed by State Government against TN Governor:

Mr. Abhishek Manu Singhvi
Mr. Mukul Rohatgi
Mr. Rakesh Dwivedi
Mr. P. Wilson

Sr. Adv’s appeared for TN Government

Mr. Venkataramani, attorney general appeared for Union

Proviso under Art 200 to be read in conjunction with Art 200(1)
⁠governor has no option but to follow first proviso in cases where he withholds assent
⁠state of Punjab case is not per incuriam
⁠No pocket veto or absolute veto
⁠when bill is presented to governor he is under obligation to pick one of three options
⁠Art 200 requires bill to be acted expeditiously by governor
⁠governor cannot sit over bills
⁠art 200 requires sense of expedition
⁠governor cannot reserve for consideration of president in second round once he withholds assent in the first round
⁠when Bills are represented, he has a mandate to grant assent
⁠only exception is when the second time the bill is changed
⁠reservation of bill by governor is illegal
⁠any subsequent action of president is void
⁠governor has not acted bona fide
⁠deemed to have been assented
⁠art 200 cannot be read in a manner which allows governor to derail bills
⁠timeline prescribed by SC - 1. In case of withholding assent, 1 month
⁠in case of withholding assent contrary to advise of cabinet - 3 months