The Evening Wrap: Supreme Court notes TN’s contention that Governor can’t withhold re-passed Bills

The Supreme Court on November 20 took note of Tamil Nadu government’s argument that the Constitution does not provide Governor RN Ravi “discretion” to withhold 10 Bills “re-passed” by the State Legislative Assembly. “Once they have been re-passed, these Bills are put in the same footing as Money Bills. Then you (Governor) cannot reject...” Chief Justice of India D.Y. Chandrachud, heading a three-judge Bench, remarked. The court was reacting to arguments raised by the State, represented by senior advocates AM Singhvi, Mukul Rohatgi, P Wilson and advocate Sabarish Subramanian, that the first proviso of Article 200 states that “if the Bill is passed again by the House or Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent therefrom”. But, at one point, the Chief Justice asked whether the Governor had to mandatorily send the Bills back to the House for re-consideration after withholding assent. “Can he simplicitor say ‘I am withholding assent’ without sending the Bills back to the House?” the CJI asked. Singhvi responded that returning the Bills back to the House was a necessary corollary to the withdrawal of assent. The court also acknowledged the State’s submission that Governor, having withheld assent and sent back the Bills once, cannot refer the reiterated Bills to the President. The Bills had been sent for approval to the Governor’s office in the period between January 2020 to 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 withheld assent and “returned” the Bills to the House on November 13, the State said. 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. “The Governor returned the Bills with just one line ‘I withhold consent’. What was the Assembly supposed to do? So, the House re-passed the Bills… The Governor has to return the Bills with a message spelling out reasons why he has returned the Bills,” Rohatgi pointed out. Singhvi said the Governor had returned the Bills without a “message” suggesting amendments to the proposed laws nor cited reasons for withholding his consent. Besides, he had sat on the Bills indefinitely for nearly three years. The Governor says he disposed of the Bills on November 13, 2023. Our order issuing notice to the petition (filed by Tamil Nadu) was on November 10. These Bills have been pending since January 2020. The Governor took action only after we issued notice in the matter. Why should Governors want parties to move the Supreme Court to start taking steps? In this case, what was the Governor doing for three years?” Chief Justice Chandrachud asked Attorney General R. Venkataramani. Wilson urged the court to fix a time limit for Governors. “We have to run the governance of the State. Every time, we cannot come to the Supreme Court. Seven crore people are affected,” he submitted. Singhvi said the Governor has to function within the State Legislature. “He cannot exercise a pocket veto,” the senior lawyer contended. Wilson said the Governor exercises his power of assent with the aid and advice of the Council of Ministers. He referred to the Constituent Assembly debates to highlight the statement made by TT Krishnamachari, the Member from Madras and later Finance Minister, that a “Governor cannot act on his own, he can only act on the advice of the Ministry… When a Governor sends a Bill back for further consideration, he does so expressly on the advice of his Council of Ministers”. Uttarkashi tunnel collapse | Rescuers insert 6-inch-wide pipe through rubble to send more food to trapped workers Rescuers on November 20 pushed through a six-inch-wide pipeline through the rubble of a collapsed tunnel in Uttarakhand, a breakthrough that will help them supply larger quantities of food and other essentials to 41 workers trapped for eight days. Earlier, a four-inch tube was being used to supply food like dry fruit and medicines and oxygen into the section of the tunnel beyond the rubble. The new pipeline will allow food items like roti and sabji to be sent to the workers. NHIDCL Director Anshu Manish Kalkho called it the “first breakthrough” at the site. “We have sent the pipe 53 metres to the other side of the rubble and the trapped workers can hear and experience us,” Kalkho said. A portion of the under-construction tunnel in Silkyara village in Uttarkashi district, part of the ambitious Char Dham all-weather road project, collapsed due to a landslide on November 12, trapping 41 workers. Supreme Court cautions Centre that selective appointments, transfers risk ‘embarrassing’ outcomes The Supreme Court on November 20 said the government’s tinkering with judicial seniority through “selective” appointments and transfers of High Court judges may trigger responses from the Collegiums, which may create “embarrassing” outcomes, including deferring the swearing-in of new judges or the withdrawing of judicial work. “What will happen at some stage is we cannot let judges whom we do not want to work in a court to continue to work in that court… Please do not let that happen. It will dilute the authority of judges. It will embarrass these judges,” Justice Sanjay Kishan Kaul addressed Attorney General R. Venkataramani, appearing for the Centre. The Bench, also comprising Justice Sudhanshu Dhulia, referred to a recent decision of the Gauhati High Court to defer the swearing-in of senior advocate Kaushik Goswami as a judge of the court. Goswami was recommended for judgeship along with advocate N. Unni Krishnan Nair by the Collegium in October. Nair’s name was placed before Goswami’s in the Collegium resolution. The government had, however, only cleared Goswami. The government appointed Nair as judge two days after the High Court deferred the swearing-in of Goswami. “We appreciate the stand taken by the Collegium and the consequent action of the government,” Justice Kaul observed. Senior advocate Dushyant Dave, for the petitioners, said it was time the apex court issued a mandamus to the government to clear all the pending names within the next 24 hours. He said the Supreme Court had granted the Collegium the power of mandamus in the 1992 Second Judges Case verdict. Dave said even a time limit had been prescribed by the government to clear the pending names. Justice Kaul said some of the candidates whose names had been kept pending by the government were senior to those being appointed as judges. “If a candidate does not know what seniority he or she would have, it will be difficult to persuade other eligible and deserving candidates to join the Bench,” Justice Kaul pointed out. The Supreme Court had earlier made it clear to the Centre to not selectively bypass people recommended by the Collegium for judicial appointment merely for their political connections or for defending a case against the government in court. The Bench had in the previous hearing criticised the government for continuing with its policy of selective transfer of High Court judges despite repeated cautions from the apex court. The court warned that the government’s actions risked an “unpalatable” reaction from the Collegium. “Once people are appointed as judges, where they perform their duties cannot be a matter of concern for the government… Whether a judge should work in ‘A’ court or ‘B’ court should be left to the judiciary. We are reaching that stage where tomorrow the Collegium will collectively advise not to assign judicial work to this judge… Do not make us take that step. It is not beyond our powers to do so. I am saying this with responsibility after discussion with the Collegium. It is not an off-hand remark from me,” Justice Kaul had warned the government. The court had said the government’s pick-and-choose policy both in appointment and transfers of High Court judges was a matter of “great concern”. Health Ministry releases draft National Pharmacy Commission Bill The Union Health Ministry on November 20 invited comments from the public and stakeholders on the proposed National Pharmacy Commission Bill, 2023. The Ministry proposes to finalise the Bill for setting up the National Pharmacy Commission and repealing the Pharmacy Act, 1948. For this, a draft National Pharmacy Commission Bill has been prepared and uploaded on the website of the Ministry for comments. The Bill aims to improve access to affordable, high-quality pharmacy education, and ensuring the availability of pharmacy professionals nationwide and seeks to promote equitable healthcare by making pharmacy services accessible to all citizens. The Bill also calls for a periodic and transparent assessment of pharmacy institutions and facilitating maintenance of a pharmacy register for India. It also encourages professionals to integrate the latest research into their work, contribute to research, and uphold high ethical standards and establishes an effective grievance redressal mechanism for relevant matters. The Bill proposes to constitute a commission with its head office in Delhi. It also encourages pharmacy professionals to adopt latest pharmacy research in their work and to contribute to research. The draft bill proposes flexibility to adapt to changing needs and seeks to set up an effective grievance redressal mechanism. According to the draft, the Pharmacy Ethics and Registration Board will maintain a National Pharmacy Register which will have details of pharmacy professionals to ensure transparency. OpenAI’s Sam Altman to join Microsoft Former OpenAI CEO Sam Altman and co-founder Greg Brockman will now be joining Microsoft to lead a new advanced AI research team. Microsoft CEO Satya Nadella also confirmed that former Twitch head Emmett Shear will be appointed the new OpenAI CEO In a post shared on LinkedIn and X, Satya stated, “We’re extremely excited to share the news that Sam Altman and Greg Brockman, together with colleagues, will be joining Microsoft to lead a new advanced AI research team. We look forward to moving quickly to provide them with the resources needed for their success.” Altman shared Nadella’s post on X himself saying, “The mission continues.” Negotiations to bring Altman back to OpenAI fell flat just a few hours back. Bloomberg had reported that Nadella was possibly acting as a mediator in the talks. Multiple sources had spoken to The Verge sharing that OpenAI’s four-person board had refused to step down and let Altman return. Since Altman’s shock exit, a planned sale of OpenAI employee shares which would lead the startup to a valuation of $86 billion was in jeopardy according to a report by The Information. Altman was responsible for almost singlehandedly convincing Nadella to invest $10 billion into the AI startup. OpenAI’s valuation has bumped nearly thrice this year from $29 billion to over $80 billion. In Brief: Skill development scam case | Former Andhra Pradesh CM Chandrababu Naidu gets regular bail The Andhra Pradesh High Court on November 20 provided a big relief to the former Chief Minister N. Chandrababu Naidu by granting him regular bail in the skill development scam case. Justice T. Mallikarjuna Rao pronounced the much-awaited judgment with a relaxation of the main condition that Naidu should not organise or participate in political rallies and public meetings, from November 29. Seven times more goods and cash to induce voters seized from five poll bound states as compared to 2018 Drugs, cash, freebies, liquor and precious metals worth over Rs 1,760 crore have been seized from the five states where Assembly elections are underway. This is a record seven times more as compared to the polls in 2018, the Election Commission of India said on November 20. The maximum seizure of ₹659.2 crore has been made from Telangana, closely followed by Rajasthan at ₹650.7 crore. Evening Wrap will return tomorrow. [logo] The Evening Wrap 20 November 2023 [The Hindu logo] Welcome to the Evening Wrap newsletter, your guide to the day’s biggest stories with concise analysis from The Hindu. [[Arrow]Open in browser]( [[Mail icon]More newsletters]( Supreme Court notes Tamil Nadu’s contention that Governor has no ‘discretion’ to withhold re-passed Bills [The Supreme Court on November 20 took note of Tamil Nadu government’s argument that the Constitution does not provide Governor RN Ravi “discretion” to withhold 10 Bills “re-passed” by the State Legislative Assembly.]( “Once they have been re-passed, these Bills are put in the same footing as Money Bills. Then you (Governor) cannot reject...” Chief Justice of India D.Y. Chandrachud, heading a three-judge Bench, remarked. The court was reacting to arguments raised by the State, represented by senior advocates AM Singhvi, Mukul Rohatgi, P Wilson and advocate Sabarish Subramanian, that the first proviso of Article 200 states that “if the Bill is passed again by the House or Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent therefrom”. But, at one point, the Chief Justice asked whether the Governor had to mandatorily send the Bills back to the House for re-consideration after withholding assent. “Can he simplicitor say ‘I am withholding assent’ without sending the Bills back to the House?” the CJI asked. Singhvi responded that returning the Bills back to the House was a necessary corollary to the withdrawal of assent. The court also acknowledged the State’s submission that Governor, having withheld assent and sent back the Bills once, cannot refer the reiterated Bills to the President. The Bills had been sent for approval to the Governor’s office in the period between January 2020 to 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 withheld assent and “returned” the Bills to the House on November 13, the State said. 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. “The Governor returned the Bills with just one line ‘I withhold consent’. What was the Assembly supposed to do? So, the House re-passed the Bills… The Governor has to return the Bills with a message spelling out reasons why he has returned the Bills,” Rohatgi pointed out. Singhvi said the Governor had returned the Bills without a “message” suggesting amendments to the proposed laws nor cited reasons for withholding his consent. Besides, he had sat on the Bills indefinitely for nearly three years. The Governor says he disposed of the Bills on November 13, 2023. Our order issuing notice to the petition (filed by Tamil Nadu) was on November 10. These Bills have been pending since January 2020. The Governor took action only after we issued notice in the matter. Why should Governors want parties to move the Supreme Court to start taking steps? In this case, what was the Governor doing for three years?” Chief Justice Chandrachud asked Attorney General R. Venkataramani. Wilson urged the court to fix a time limit for Governors. “We have to run the governance of the State. Every time, we cannot come to the Supreme Court. Seven crore people are affected,” he submitted. Singhvi said the Governor has to function within the State Legislature. “He cannot exercise a pocket veto,” the senior lawyer contended. Wilson said the Governor exercises his power of assent with the aid and advice of the Council of Ministers. He referred to the Constituent Assembly debates to highlight the statement made by TT Krishnamachari, the Member from Madras and later Finance Minister, that a “Governor cannot act on his own, he can only act on the advice of the Ministry… When a Governor sends a Bill back for further consideration, he does so expressly on the advice of his Council of Ministers”. Uttarkashi tunnel collapse | Rescuers insert 6-inch-wide pipe through rubble to send more food to trapped workers [Rescuers on November 20 pushed through a six-inch-wide pipeline through the rubble of a collapsed tunnel in Uttarakhand]( a breakthrough that will help them supply larger quantities of food and other essentials to 41 workers trapped for eight days. Earlier, a four-inch tube was being used to supply food like dry fruit and medicines and oxygen into the section of the tunnel beyond the rubble. The new pipeline will allow food items like roti and sabji to be sent to the workers. NHIDCL Director Anshu Manish Kalkho called it the “first breakthrough” at the site. “We have sent the pipe 53 metres to the other side of the rubble and the trapped workers can hear and experience us,” Kalkho said. A portion of the under-construction tunnel in Silkyara village in Uttarkashi district, part of the ambitious Char Dham all-weather road project, collapsed due to a landslide on November 12, trapping 41 workers. Supreme Court cautions Centre that selective appointments, transfers risk ‘embarrassing’ outcomes The [Supreme Court on November 20 said the government’s tinkering with judicial seniority through “selective” appointments and transfers of High Court judges may trigger responses from the Collegiums]( which may create “embarrassing” outcomes, including deferring the swearing-in of new judges or the withdrawing of judicial work. “What will happen at some stage is we cannot let judges whom we do not want to work in a court to continue to work in that court… Please do not let that happen. It will dilute the authority of judges. It will embarrass these judges,” Justice Sanjay Kishan Kaul addressed Attorney General R. Venkataramani, appearing for the Centre. The Bench, also comprising Justice Sudhanshu Dhulia, referred to a recent decision of the Gauhati High Court to defer the swearing-in of senior advocate Kaushik Goswami as a judge of the court. Goswami was recommended for judgeship along with advocate N. Unni Krishnan Nair by the Collegium in October. Nair’s name was placed before Goswami’s in the Collegium resolution. The government had, however, only cleared Goswami. The government appointed Nair as judge two days after the High Court deferred the swearing-in of Goswami. “We appreciate the stand taken by the Collegium and the consequent action of the government,” Justice Kaul observed. Senior advocate Dushyant Dave, for the petitioners, said it was time the apex court issued a mandamus to the government to clear all the pending names within the next 24 hours. He said the Supreme Court had granted the Collegium the power of mandamus in the 1992 Second Judges Case verdict. Dave said even a time limit had been prescribed by the government to clear the pending names. Justice Kaul said some of the candidates whose names had been kept pending by the government were senior to those being appointed as judges. “If a candidate does not know what seniority he or she would have, it will be difficult to persuade other eligible and deserving candidates to join the Bench,” Justice Kaul pointed out. The Supreme Court had earlier made it clear to the Centre to not selectively bypass people recommended by the Collegium for judicial appointment merely for their political connections or for defending a case against the government in court. The Bench had in the previous hearing criticised the government for continuing with its policy of selective transfer of High Court judges despite repeated cautions from the apex court. The court warned that the government’s actions risked an “unpalatable” reaction from the Collegium. “Once people are appointed as judges, where they perform their duties cannot be a matter of concern for the government… Whether a judge should work in ‘A’ court or ‘B’ court should be left to the judiciary. We are reaching that stage where tomorrow the Collegium will collectively advise not to assign judicial work to this judge… Do not make us take that step. It is not beyond our powers to do so. I am saying this with responsibility after discussion with the Collegium. It is not an off-hand remark from me,” Justice Kaul had warned the government. The court had said the government’s pick-and-choose policy both in appointment and transfers of High Court judges was a matter of “great concern”. Health Ministry releases draft National Pharmacy Commission Bill The Union [Health Ministry on November 20 invited comments from the public and stakeholders on the proposed National Pharmacy Commission Bill, 2023](. The Ministry proposes to finalise the Bill for setting up the National Pharmacy Commission and repealing the Pharmacy Act, 1948. For this, a draft National Pharmacy Commission Bill has been prepared and uploaded on the website of the Ministry for comments. The Bill aims to improve access to affordable, high-quality pharmacy education, and ensuring the availability of pharmacy professionals nationwide and seeks to promote equitable healthcare by making pharmacy services accessible to all citizens. The Bill also calls for a periodic and transparent assessment of pharmacy institutions and facilitating maintenance of a pharmacy register for India. It also encourages professionals to integrate the latest research into their work, contribute to research, and uphold high ethical standards and establishes an effective grievance redressal mechanism for relevant matters. The Bill proposes to constitute a commission with its head office in Delhi. It also encourages pharmacy professionals to adopt latest pharmacy research in their work and to contribute to research. The draft bill proposes flexibility to adapt to changing needs and seeks to set up an effective grievance redressal mechanism. According to the draft, the Pharmacy Ethics and Registration Board will maintain a National Pharmacy Register which will have details of pharmacy professionals to ensure transparency. OpenAI’s Sam Altman to join Microsoft [Former OpenAI CEO Sam Altman and co-founder Greg Brockman will now be joining Microsoft]( to lead a new advanced AI research team. Microsoft CEO Satya Nadella also confirmed that former Twitch head Emmett Shear will be appointed the new OpenAI CEO In a post shared on LinkedIn and X, Satya stated, “We’re extremely excited to share the news that Sam Altman and Greg Brockman, together with colleagues, will be joining Microsoft to lead a new advanced AI research team. We look forward to moving quickly to provide them with the resources needed for their success.” Altman shared Nadella’s post on X himself saying, “The mission continues.” Negotiations to bring Altman back to OpenAI fell flat just a few hours back. Bloomberg had reported that Nadella was possibly acting as a mediator in the talks. Multiple sources had spoken to The Verge sharing that OpenAI’s four-person board had refused to step down and let Altman return. Since Altman’s shock exit, a planned sale of OpenAI employee shares which would lead the startup to a valuation of $86 billion was in jeopardy according to a report by The Information. Altman was responsible for almost singlehandedly convincing Nadella to invest $10 billion into the AI startup. OpenAI’s valuation has bumped nearly thrice this year from $29 billion to over $80 billion. In Brief: Skill development scam case | Former Andhra Pradesh CM Chandrababu Naidu gets regular bail The [Andhra Pradesh High Court on November 20 provided a big relief to the former Chief Minister N. Chandrababu Naidu by granting him regular bail]( in the skill development scam case. Justice T. Mallikarjuna Rao pronounced the much-awaited judgment with a relaxation of the main condition that Naidu should not organise or participate in political rallies and public meetings, from November 29. Seven times more goods and cash to induce voters seized from five poll bound states as compared to 2018 [Drugs, cash, freebies, liquor and precious metals worth over Rs 1,760 crore have been seized from the five states where Assembly elections are underway.]( This is a record seven times more as compared to the polls in 2018, the Election Commission of India said on November 20. The maximum seizure of ₹659.2 crore has been made from Telangana, closely followed by Rajasthan at ₹650.7 crore. Evening Wrap will return tomorrow. 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