If A Bill Is Presented For Assent, A Decision Has To Be Taken By Governor As Soon As Possible: Madras High Court [Read Order]
"No doubt Article 361 of the Constitution of India gives protection to the Constitutional Authority. However, in the given circumstances, a decision has be taken, taking into consideration the future of the Government School students, who are invariably from marginalized and poor sections, as soon as possible as provided under Article 200 of the Constitution of India."The Madras High...
"No doubt Article 361 of the Constitution of India gives protection to the Constitutional Authority. However, in the given circumstances, a decision has be taken, taking into consideration the future of the Government School students, who are invariably from marginalized and poor sections, as soon as possible as provided under Article 200 of the Constitution of India."
The Madras High Court has asserted that when a Bill is presented for assent before the Governor, a decision on it should be taken "as soon as possible".
"A perusal of Article 200 – Assent to Bills, would reveal that the Constitutional Authority has to take a decision, if a Bill is presented for Assent, as soon as possible," the bench of Justices N. Kirubakaran and B. Pugalendhi said.
As regards the protection granted to the said Constitutional Authority from appearing or answering before any Court of Law, the Bench clarified that "The protection has been given by the Framers of the Constitution, with hope and trust in the Appointees that they would perform their constitutional functioning promptly and there would not be any situation, wherein they would be called for to give explanation or they will be questioned by the Court of law".
The remarks were made in a writ petition seeking a direction upon the Governor to take a decision with regard to the Tamil Nadu Admission to UG Courses in Medicines, Dentistry, Indian Medicine & Homeopathy on preferential basis to the Students of the Government Schools Bill, 2020.
The Petitioner had submitted that said Bill was unanimously passed by the Tamil Nadu Assembly in September this year. However, the Bill was kept pending by the Governor for almost two months.
It was pointed out that the Bill was a crucial step to ensure that the students from Government schools have a fair opportunity to acquire admission in Medical Courses.
It was submitted that only single digit number of students from Government school would qualify for admission to Medical Courses under NEET 2020. Moreover, from the introduction of NEET Examination in the year 2017, only 14 students from Government Schools had got admission to Medical Courses.
In the backdrop of these submissions, when the Court posed a question with regard to non-taking of decision by the Constitutional Authority, the Advocate General referred to Article 361 of the Constitution, "Protection of President and Governors".
He submitted that in the said Article, a protection has been given that the Governor and he is not answerable to any Court for exercise and performance of the powers and duties or any act done or purporting to de done.
While the Court concurred with this contention, it observed that in the given circumstances, where the future of the Government School students, who are invariably from marginalized and poor sections, is in question, a decision has to be taken as soon as possible, as provided under Article 200 of the Constitution.
The bench observed,
"When situation changes and present kind of situation arises, a different approach has to be taken by the Courts in the interest of the Public. It is well settled law that "Extraordinary situation requires extraordinary remedies". When public interest requires, this Court has to do its constitutional duties and to address the situation. However, this Court is of the opinion that such a situation would not arise to pass any order in this matter."
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