Criticizing the Governor for sitting over several bills passed by the Tamil Nadu State legislature, the apex court, in its 415-page verdict, said, the action of the Governor has been contrary to what was laid down by this Court in S.R. Bommai, wherein it was stated that the Governor is a very high Constitutional functionary and he is supposed to act fairly and honestly, in a manner consistent with his oath. “It is for this reason that Article 356 places such implicit faith on his report. If, however, in a given case his report is vitiated by legal mala fides, it is bound to vitiate the President’s action as well,” the bench said in the judgment.Highlighting and clarifying that the Governor has a role to play for a healthy functional democracy, the apex court said, before the Governor assumes office, he undertook an oath to discharge his functions to the best of his ability in order to preserve, protect and defend the Constitution and the rule of law, along with avowing to devote himself to the service and well-being of the people of the State.”It is imperative that all his actions be guided in true allegiance to his oath and that he faithfully executes his functions that he is entrusted with by and under the Constitution. There is a reason why a specific reference is made to the well-being of the people of the State in his oath, there is a reason why he is sworn in to pledge himself to the service of the same people,” the SC said.”The Governor as the constitutional head of the State, is reposed with the responsibility to accord primacy to the will and welfare of the people of the State and earnestly work in harmony with the State machinery,” the SC added.Allowing the plea of the TN State government, the top court said, the Governor has no independent discretion under the substantive part of Article 200 for referring the bill for the consideration of the President. “As is crystal clear from the Constituent Assembly Debates, there is no independent discretion vested in the Governor in exercise of his functions under Article 200 of the Constitution,” it added.
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