Courts cannot fix timeline for governor, Prez to give assent to bills passed by assembly: SC
New Delhi (PTI): In a significant verdict, the Supreme Court on Thursday ruled that timelines cannot be fixed for the governor and the President for giving assent to bills passed by state assemblies and the judiciary cannot also grant deemed assent to them.
A five-judge Constitution bench headed by Chief Justice BR Gavai unanimously held that it would be against the interest of federalism, if the Governor without following due process under Article 200 (power to governor to provide assent to bills passed by assembly), is allowed to withhold bills.
The bench also comprising Justices Surya Kant, Vikram Nath, P S Narasimha and A S Chandurkar said, "We don't think governors have unfettered power to sit over bills passed by state assemblies".
While answering the Presidential reference in which President Droupadi Murmu has sought the opinion of apex court under Article 143 (1) of the Constitution, the bench said that governors have three options -- either to grant assent or send bills for reconsideration or refer them to the President.
It said in a democratic country like India, fixing timelines for governors is against elasticity provided by the Constitution.
The top court also deprecated the grant of “deemed assent” granted by the apex court on April 8 in the case of Tamil Nadu to the bills held by the state governor, saying it amounts to virtually taking over functions of constitutional authority.
The top court also ruled that the discharge of Governor's power under Article 200 is not justiciable.
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Five suspects held for alleged murder of Congress activist Ganesh Gowda in Chikkamagaluru
Chikkamagaluru: Five activists of BJP and Bajrang Dal were arrested by the Sakharayapatna Police for alleged murder of Congress activist and Sakharayapatna Gram Panchayat member Ganesh Gowda (38) on Friday night, following a fight over a banner.
Three of the arrested men, Sanjay, Bhushan and Mithun, are known to be BJP members.
An argument broke out between two groups in Sakharayapatna of Kadur taluk two days ago regarding a banner for observation of ‘Datta Jayanti’. The argument continued and intensified into a fight on Friday night near a bar in the village. Shortly later, at around 10:30 pm, a group of eight miscreants on motorbikes is learned to have stopped Gowda, who was traveling in a car on the Kalmurudeshwara Mutt Road and attacked him with lethal weapons.
A seriously injured Gowda reportedly died on the spot.
One of the suspects, Sanjay, was also injured in the attack and is being treated at the Chikkamagaluru Mallegowda District Hospital.
Sakharayapatna Police have registered a case and are investigating.
Chikkamagaluru Superintendent of Police Vikram Amte has said that, as precautionary measure, security has been beefed up in the village.
“While four special teams have been formed for investigation, five of the suspects have already been taken into custody. We are still probing the incident,” he added.
