Experts debate legalities as Guv returns NEET Bill

Governor RN Ravi’s decision to return the NEET bill to the Assembly Speaker has triggered debates on whether the State government could send the Bill again and what should the Governor do as per the Constitution if a government sends a Bill for the second time.

“The government has the scope to send the Bill again to the Governor. As per Article 201 of the Constitution, the governor should give assent or forward it to the President of India,” said senior counsel and Rajya Sabha member of the DMK, P Wilson.

Commenting on the development, senior counsel KM Vijayan also concurred that while the Governor can return the Bill the first time, if the government sends it for a second time, the Governor should forward it to the President for a decision.

However, Vijayan added that the decision of the State government to pass a Bill against NEET was against the law. “Even as the Constitution mandates the Governor to act as per the aid and advice of the government, the legality of the State legislature should also be reviewed. Education comes under the Concurrent List. However, higher education, including medical education, falls under the jurisdiction of Medical Council of India, which is under the Union government according to entries 60 and 61 of the Constitution. Therefore, the State cannot pass legislation against NEET,” he told DT Next.

The matter is similar to the release of Rajiv Gandhi assassination case convicts, the Bill on which has been pending with the President for a year. Former Governor Banwarilal Purohit had also taken a similar stand on the resolution passed by the Council of Ministers in September 2018 by not granting assent to the Bill. Instead, he forwarded it to the President only on January 21, 2021.

M Radhakrishnan, senior advocate appearing for Nalini, one of the convicts, said President’s assent is mandatory as per Article 53 of the Constitution when it comes to challenging the Acts passed by the Parliament.

“The State can seek an exemption by adopting a legislation in the Assembly. If the Governor sends it back to the House seeking clarification, the State can send it again by providing suitable clarification. The second time, however, the Governor can’t reject the Bill but he can reserve it for the assent of the President. Then it is up to the President to decide. If the President needs any clarification, he can send it back to the Governor or keep it for a prolonged time without granting assent. In most cases, the President will not reject such Bills, but he would withhold it for any amount of time without giving the assent,” Radhakrishnan told the DT Next.