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Tamil Nadu Governor’s matter doesn’t cover Kerala’s case: Attorney General Venkataramani and Solicitor General Mehta to SC

The senior law officers communicated this to a bench of Justices P S Narasimha and Joymalya Bagchi, which was hearing Kerala’s petition alleging delay by the Governor in passing Bills presented to him by the state legislature.

Morbi BridgeThe Supreme Court will take up pleas by the Kerala government on May 6 (Archive)

Attorney General R Venkataramani and Solicitor General Tushar Mehta informed the Supreme Court Tuesday that its judgment in the Tamil Nadu Governor’s matter does not cover the case of Kerala’s disputes with the state Governor.

The senior law officers communicated this to a bench of Justices P S Narasimha and Joymalya Bagchi, which was hearing Kerala’s petition alleging delay by the Governor in passing Bills presented to him by the state legislature.

Appearing for the state government, Senior Advocate K K Venugopal said the “matter (is) covered by the recent (April 8) judgment.” “The issue is what is the time limit for reference to the President. That is held to be three months. That is based on a circular issued by the Govt of India,” Venugopal said.

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Venugopal said, “The Solicitor General has to say if it is covered directly or not.”

On April 8, a two-judge bench of the top court declared as “illegal” and “erroneous” the action of Tamil Nadu Governor R N Ravi in reserving 10 Bills for the consideration of the President in November last year after they were already reconsidered by the Assembly. The bench also laid down a timeline for Governors to decide on Bills presented to them.

Kerala has been of the view that this judgment covers its disputes with the Governor over the clearing of Bills, too.

Attorney General R Venkataramani said in court that the judgment did not cover Kerala’s case as there were certain “factual differences.” “Judgment does not cover certain issues of this case on the facts. We would like to show those differences,” Venkataramani said.

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Responding to Venugopal’s submissions, Mehta sought more time to examine the impact of the judgment. “It (Kerala’s case) is not covered (by the ruling).” Venugopal pointed out that the state had filed one more petition challenging the President not clearing the Bills and that it is listed before the Chief Justice of India’s bench for hearing on May 13.

The bench said he will have to bring that to the notice of the Chief Justice of India. Justice Narasimha added that as far as the petition before it is concerned, they will examine whether the judgment applies to Kerala’s case too or if there are any differences.

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