TN Guv returning NEET exemption bill puts govt and Raj Bhavan on warpath

After sitting over the Bill, providing for an exemption to Tamil Nadu from the National Eligibility-cum-Entrance Test (NEET) for undergraduate medical programmes like MBBS, for nearly six months, Governor RN Ravi had returned it to the state assembly for reconsideration. This has put the Raj Bhavan on a warpath with the DMK government of Chief Minister MK Stalin besides provoking a debate once again on constitutional issues over the Governor's role and discretionary powers. With near political unanimity in the Dravidian land on abrogating NEET, this has politically isolated the BJP in the state as it is the lone voice supporting NEET and the gubernatorial occupant. Writes ETV Bharat's, MC Rajan.

Chennai:Girding up its loins to take on Governor RN Ravi, the ruling DMK is bracing itself for a battle with the overwhelming public opinion on its side. Securing exemption from NEET for Tamil Nadu was a pre-poll pledge of the DMK and its allies and on taking over the reins of power, the Stalin government passed a unanimous resolution, with the support of the principal opposition AIADMK, in the Assembly in September last.

Much to the chagrin of the state government, the governor, who was sitting over the bill, returned it to the House for reconsideration inviting the wrath of parties engaged in the anti-NEET campaign for long. No sooner than Raj Bhavan declined assent for the bill on Thursday, it had its echo in parliament with DMK members staging a walk-out in the Rajya Sabha. Chief Minister Stalin lost no time to convene an all-party meeting which is slated for Saturday. The BJP, the lone voice in support of NEET in the state, has announced to boycott the all-party meet.

In Tamil Nadu, where medical education remains an aspirational programme of study, a dominant narrative has been constructed against NEET as antithetical to social justice and an infringement on state autonomy. From Anitha of Ariyalur who waged an unsuccessful legal battle against NEET in the Supreme Court, 15 other students have committed suicide over NEET. In these circumstances, the DMK government passed the Bill after securing the report of the Justice (Retd) AK Rajan committee which studied the adverse impact of NEET. Even earlier, the previous AIADMK government had passed a similar bill that failed to get presidential assent.

Now, RN Ravi returning the Bill has opened up a fresh debate on the role and powers of the governor as to whether the occupant of the gubernatorial office is a constitutional functionary or an 'Agent of the Centre'. From the Congress, Left, and Viduthalai Chiruthaigal Katchi of Thol Thirumavalavan to MDMK of Vaiko and Muslim parties have condemned the governor's action as 'unconstitutional'.

A Hashtag #GetOutRavi started trending since last evening on Twitter. Indicating that the battle lines have been drawn, Stalin too took to the microblogging site and recalled DMK founder and former Chief Minister CN Annadurai's famed remark: “No need for a Governor like the goat's beard.” And Thursday was the Dravidian stalwart's death anniversary.

According to legal experts, the present development raises certain constitutional questions as to whether the Governor has the power to return the Bill for reconsideration instead of forwarding it to the President for his assent since the issue falls within the Concurrent List. Further, whether, the governor's assent is essential prior to forwarding to the president. Former High Court Judges like K Chandru have said that the Governor's action was an overreach and unconstitutional.

He had even called for legal recourse. Though debated since the Sarkaria Commission which had gone into Centre-State relations in 1983, it has reared its head once again. For, a plain reading of Article 200 of the constitution pertaining to grant of assent would clearly show that it does not place it on the discretion of governors.

“Now, it becomes a long drawn out cumbersome process. Once again it had to begin from the start. The government would only be expected to pass the bill once again in the Assembly. But, the existing ambiguities over the powers vested with the State and Centre have to be demarcated clearly for such legislation getting implemented,” reasoned senior counsel KM Vijayan.

“Exemption to Central laws are not new. In the case of the Land Acquisition Act, many states have been granted an exemption. So NEET cannot be placed on a separate pedestal. If the Assembly passes the Bill either as it is or with a minor modification, the Governor is obliged to grant assent,” explains senior journalist K Venkataramanan, adding that the Governor might once again sit on the bill and given the present political climate 'a governor quitting office over such an event is unlikely.

On the political front, Stalin taking a strident posture against Centre stance will only help consolidate the anti-Modi mood which helped the DMK to return to power, that too at a time when he has stepped into national politics by announcing the launch of an All India Social Justice Federation by writing to 37 political parties. Well, DMK could become a fulcrum of change.