‘Tamil Nadu Verdict Not Overreach’: Ex-Chief of Bar Association Dr. Adish C. Aggarwala

New Delhi:  Senior Advocate and former President of the Supreme Court Bar Association, Dr. Adish C. Aggarwala, has weighed in on the recent Supreme Court verdict concerning the Tamil Nadu Governor’s assent to bills, stating that the judgment is not an overreach of judicial power under Article 142 of the Constitution.

Referring to the 2023 landmark ruling in State of Punjab vs. Principal Secretary to Governor of Punjab, Dr. Aggarwala asserted that while Articles 200 and 201 of the Constitution do not impose a time limit for Governors and the President to act on legislation, the Punjab case set a precedent by directing timely decisions.

“The Supreme Court’s reliance on the 2023 judgment forms a sound constitutional basis,” said Dr. Aggarwala. “However, I believe the Governor should have first been given a final opportunity to assent within a specific timeframe, before the Court declared a deemed assent.”

He further stated that the Tamil Nadu Governor may consider petitioning the Supreme Court to refer the matter to a larger bench. The petition could argue that the Governor must be afforded one last chance to assent before the invocation of Article 142, which empowers the Court to ensure complete justice.

Dr. Aggarwala’s remarks come amid ongoing debate over the judiciary’s role in compelling constitutional authorities to act, particularly when legislative delays stall state governance.