The Tamil Nadu government in the Supreme Court on Friday, December 1, 2023 criticised Governor R.N. Ravi for exhibiting “constitutional obstinacy” by referring 10 key Bills re-enacted by the State Assembly to the President for consideration on November 28.
A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud said the Governor, having withheld his assent to the Bills in the first instance on November 13, cannot now refer the Bills, re-passed by the Tamil Nadu legislature, to the President.
The Supreme Court had issued notice to the Governor on November 10 on a writ petition filed by the State government, accusing Ravi of delaying consent to the Bills. On November 13, the Governor communicated to the Assembly that he had withheld consent to them. The Assembly, in a special session held on November 18, re-enacted the Bills without amendments and sent them again to the Governor for his assent. The Governor referred the Bills to the President on November 28 and informed the Assembly on November 30, a day before the Friday hearing in court.
“Article 200 of the Constitution gives the Governor three choices -- grant assent to the Bills or withhold assent or reserve them for the consideration of the President. In this case, the Governor withheld assent on November 13. Once he has withheld assent, there is no question of him referring them to the President,” Chief Justice Chandrachud addressed Attorney General R. Venkataramani, appearing for the Governor.
The CJI said once the Governor withholds assent, he cannot stultify the Bills. He has to send them back to the Assembly under the first proviso of Article 200. Consequently, if the Assembly re-passes the Bills, with or without amendments, the Governor has no choice left but to grant his assent to the Bills in the re-enacted form. The Chief Justice said this law has already been settled by the top court in its November 10 judgment concerning the delay caused by the Punjab Governor in assenting to certain Bills.
“When a Governor withholds his assent to a Bill, the Bill is not killed. He cannot stall the Bills at his level. The first proviso of Article 200 does not provide him with a fourth option… The Governor is only a nominee of the Union government. He cannot stultify the Bills completely at his level. He has only three options given in the substantive part of Article 200… Once the Assembly has re-passed the Bills, you (Governor) cannot say ‘now I will refer it to the President’. The first proviso’s last line is very clear. It says the Governor ‘shall not withhold assent’ to re-enacted Bills sent back to him for consent,” Chief Justice observed.
Venkataramani countered that the Governor had “simply withheld assent” on November 13. He had not sent back the Bills, but had only communicated to the Assembly that he had refused consent to the Bills.
The Attorney General said the first proviso operated at a level where the Governor, without withholding consent, sent a message back to the Assembly suggesting amendments to specific provisions or making recommendations to the Bills. The Assembly was free to reject the Governor’s suggestions, in which case the Governor had no option but to give his consent.
“Now, this was not a case when the Governor had asked the Assembly to reconsider the Bills or had recommended changes. Here, he had only communicated to the Assembly on November 13 that he had withheld assent… The Bills were not technically sent back to the Assembly for reconsideration,” Venkataramani argued.
“So, you are saying the Governor can just withhold consent and virtually kill the Bills?” Chief Justice asked.
The Attorney General’s submissions seemed to indicate that the 10 Bills were not re-enacted, but were considered as fresh Bills, in which case the Governor had exercised his option under Article 200 to refer to the President.
Senior advocates AM Singhvi and P. Wilson, for the State government, asked whether the Attorney General’s submissions implied that the Assembly had passed “a ghost” on November 18.
“There is no fourth category of withholding consent and keeping it hanging. The Governor cannot keep the Bills hanging perennially. That means the Assembly’s re-passage of the Bills on November 18 was a futile exercise,” Singhvi said.
Wilson said the Governor was arguing that he had killed the Bills. Singhvi said the Governor had never in the past denied in court that he had “returned” the Bills.
Venkataramani said the Assembly’s re-passage of the Bills showed that it did not care for the Governor’s assent.
Chief Justice Chandrachud, towards the end of the hearing, urged the Governor to resolve the impasse with the Chief Minister.
“So many things need to be resolved between the Chief Minister and the Governor. Please ask the Governor to engage with the Chief Minister… Let them sit down and discuss,” the CJI told Venkataramani.
The Attorney General’s response was a bleak one. He said there were cases when “both do not have any bonhomie”. The court adjourned the case to December 8 even as Singhvi said the President should not process the Bills by that time.
“They know we are here,” Chief Justice Chandrachud assured the State government.
PIB fact-check unit flags nine YouTube channels for allegedly spreading fake news
The fact-check unit of the Press Information Bureau (PIB) has flagged nine YouTube channels for allegedly spreading fake news and misinformation in India.
Expressing serious concern over the monetisation of fake news on YouTube, a government official said the nine channels had over 83 lakh subscribers. They are alleged to have misattributed derogatory statements to persons occupying constitutional positions, including the Chief Justice of India, the Prime Minister, and the Chief Election Commissioner.
The channels are Bajrang Education (24.3 lakh subscribers), Aapke Guruji (34.7 lakh), Bj News (5.29 lakh), Sansani Live TV (4.33 lakh), GVT News (8.16 lakh), Daily Study (3.35 lakh), Bharat Ekta News (11,700), Ab Bolega Bharat (1.78 lakh), and Sarkari Yojana Official (1 lakh).
“Some channels falsely claimed imposition of President’s Rule in certain States, ban on Electronic Voting Machines (EVMs), resignation/death of Union Ministers, etc. Fake news such as ban on ₹200 and ₹500 currency notes, closures of banks, and false information related to the schemes and policies of the Government of India were also spread,” the official said.
The channels also made false claims related to natural disasters and deaths of Indian citizens, deployment of armed forces, and closure of schools. The official said that channels thriving on fake news use clickbait, sensational, and false thumbnails to drive traffic and monetise the contents. The government had previously flagged concerns related to the monetisation of fake news on YouTube. Since December 2022, the PIB has exposed 26 such YouTube channels.
Additionally, over 120 YouTube channels have been blocked so far by the Ministry of Information & Broadcasting under the provisions of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.
At COP28, PM Modi proposes India host climate summit in 2028; launches Green Credit initiative
Prime Minister Narendra Modi on Friday proposed that his country host the COP33 climate summit in 2028. The Prime Minister also launched the Green Credit initiative that focuses on creating carbon sinks through people’s participation.
“India is committed to the UN Framework for Climate Change and that is why I propose from this stage that COP33 Summit in 2028 be hosted in India,” Modi said during his speech at the COP28 summit in the UAE.
Modi was the only leader to join the opening plenary along with COP28 President Sultan Al Jaber and UN Climate Change President Simon Steill. He said India has presented a great example to the world of striking a balance between development and environment conservation.
“India has presented a model of development to the world striking a great balance between ecology and economy”, Modi said as he addressed a high-level segment for heads of states and governments during the UN climate conference in Dubai.
Lauding India, Modi said India achieved its emission intensity targets 11 years ahead of its committed time frame and is on track to achieve its Nationally Determined Contribution targets. Modi added that “India has set a target to bring emission intensity down by 45% by June 2030 and increase the share of non-fossil fuels to 50%.”
He also called for rich countries to transfer technology to help developing nations combat climate change. Modi earlier called for ensuring requisite climate financing and technological transfer to developing countries, asserting that it must be recognised that they have not contributed in creating the climate problem but are still willing to be a part of the solution.
Argentina won’t join BRICS as scheduled, says member of Milei’s transition team
Argentina will not be joining the BRICS bloc of developing economies next year as scheduled, a senior official in President-elect Javier Milei’s team said on November 30.
“We will not join the BRICS,” Diana Mondino, who Milei picked as Foreign Minister once he is sworn into office on December 10, wrote on X, formerly Twitter.
The move appears to be a preview of the drastic shift in foreign policy that will be implemented in Argentina once right-wing populist Milei takes office. Milei, a libertarian, harshly criticised China while on the campaign trail and threatened to break diplomatic relations with the country, saying in an interview with former Fox News host Tucker Carlson that “I am not going to do business with any communist.”
Although he has toned down that rhetoric since winning the November 19 election, Milei has also criticised the leftist government of Brazilian President Luiz Inácio Lula da Silva.
During the campaign, Milei, an admirer of former President Donald Trump, repeatedly said that if he were to win “my allies would be the United States and Israel.”
Mondino had previously downplayed the importance of BRICS. BRICS “is more related to a political alignment than to advantages that could exist for trade between countries,” she said in an interview two weeks ago. “We already have diplomatic and trade relations with most of them.”
Argentina was among six countries invited in August to join the bloc made up of Brazil, Russia, India, China, and South Africa to make an 11-nation bloc. Argentina was set to join January 1, 2024.
At the time, President Alberto Fernández celebrated the invitation, saying it would help Argentina reach new markets. The bloc was formed by Brazil, Russia, India and China in 2009 and added South Africa in 2010.
Paraguay official sacked after signing MoU with Indian fugitive Nithyananda’s fictional country
A Paraguayan government official was replaced after it was revealed that he signed a memorandum of understanding (MoU) with representatives of a fugitive Indian guru, Nithyananda’s fictional country, who also appear to have duped several local officials in South American country.
The revelation sparked a scandal — and lots of social media mockery — in Paraguay but it’s hardly the first time self-described representatives of the United States of Kailasa duped international leaders. Earlier this year, they managed to participate in a United Nations committee meeting in Geneva and also signed agreements with local leaders in the United States and Canada.
Arnaldo Chamorro was replaced as chief of staff for Paraguay’s Agriculture Ministry on Wednesday shortly after it was revealed that he signed a “proclamation” with representatives of the United States of Kailasa.
Among other things, the October 16 “proclamation” expressed a “sincere wish and recommendation for the government of Paraguay to consider, explore and actively seek the establishment of diplomatic relations with the United States of Kailasa and support the admission of the United States of Kailasa as a sovereign and independent state in various international organisations, including, among others, the United Nations,” according to a copy of the agreement posted on social media.
Representatives of the fictional country met with Chamorro and Agriculture Minister Carlos Giménez, Chamorro said in a radio interview.
During the interview, Chamorro recognised he didn’t know where Kailasa was located and said he signed what he characterised as a “memorandum of understanding” because they offered to help Paraguay with a variety of issues, including irrigation.
Photos posted in Kailasa’s social media accounts also showed representatives of the fictional country signing agreements with local leaders of the María Antonia and Karpai municipalities. The social media account celebrated each of these signings.
On Kailasa’s website, the fictional country is described as the “revival of the ancient enlightened Hindu civilisational nation which is being revived by displaced Hindus from around the world.” It is led by a self-styled guru, Nithyananda, who is wanted in India on several charges, including sexual assault. His whereabouts are unknown.
Representatives of the United States of Kailasa participated in two U.N. committee meetings in Geneva in February, according to media reports. In March, NewarkCity Hall in New Jersey acknowledged it had gotten scammed when it signed a sister city agreement with Kailasa.
In Brief:
Counting of votes for Mizoram Assembly polls will now take place on December 4, instead of December 3, the Election Commission of India (ECI) announced on December 1. Earlier, counting of votes were to be held along with that of Rajasthan, Madhya Pradesh, Chhattisgarh and Telangana on December 3. However, the poll panel cited “several representations from various quarters” behind the reason for this change. It added that the change was requested “on the ground that 3rd December, 2023 being Sunday a special significance for the people of Mizoram”.
Evening Wrap will return tomorrow.
