Ekam UPSC Polity & Governance

A state-run fact check unit, such as the one proposed by Tamil Nadu will only cause more harm to society

The Supreme Court on Monday observed that the Constitution does not provide Tamil Nadu Governor R.N. Ravi “discretion” to withhold Bills “re-passed” by the State Legislative Assembly. The Bills had been sent for approval to the Governor’s office between January 2020 and April 2023. The State had complained to the court that the Governor was holding them back indefinitely, defeating the rights of the people of Tamil Nadu to the benefits of crucial laws passed by the House. The Governor had returned the Bills on November 13. The Tamil Nadu Assembly had convened a special session on November 18 to re-pass the Bills and send them back to the Governor for approval.

Supreme Court warns government against tinkering with judicial seniority, cautions that it may lead to embarrassing outcomes, including deferring swearing-in of new judges or withdrawing judicial work. Warns government against pick-and-choose policy in appointments and transfers of HC judges, says it risks "unpalatable" response from Collegium.

Govs must act as per advice of Council of Ministers; exceptions rare. SC has expressed displeasure over delays in Bills. Sarkaria & Punchhi Commissions have recommended time limits for decision-making. Politicisation of gubernatorial post has been a problem; amendments may be considered to empower State legislatures.

The Tamil Nadu Governor’s action has helped highlight an undemocratic and anti-federal feature in the Constitution that creates an unguided power to reject pieces of legislation passed