SC Pulls Up Tamil Nadu Governor RN Ravi, Calls Withholding of Bills ‘Illegal and Arbitrary’
In a significant ruling on the constitutional powers of Governors, the Supreme Court on Tuesday strongly criticised Tamil Nadu Governor RN Ravi for withholding assent to ten Bills passed by the State Assembly, calling the action “illegal” and “arbitrary”. The apex court ruled that the Governor’s decision to reserve the Bills for the President’s consideration was without constitutional basis and must be set aside.
A bench comprising Justices JB Pardiwala and R Mahadevan held that any action taken by the President on the basis of the Governor’s referral would also be invalid in law. The court further declared that the ten Bills in question shall be deemed to have received assent on the date they were re-submitted to the Governor after being re-passed by the Tamil Nadu Legislative Assembly.
“The action of the Governor to reserve the 10 Bills for the President is illegal and arbitrary. Thus, the action is set aside. All actions taken by the Governor thereto for the 10 Bills are set aside,” the bench said in its judgment.
The court observed that the Governor did not act in “good faith” and stated that it is not open for the Governor to reserve a Bill for Presidential consideration after it has been presented to him a second time. It also directed that any decision to withhold or reserve a Bill must be taken by the Governor within a maximum period of three months.
The judgment comes in response to a petition filed by the Tamil Nadu government challenging the Governor’s repeated delays and eventual withholding of assent to several key Bills passed by the state legislature.
Reacting to the verdict, Tamil Nadu Chief Minister MK Stalin addressed the State Assembly, calling the Supreme Court’s order a “historic judgment” and a “victory for all states”.
“The Tamil Nadu government received a historic judgment from the Supreme Court. The Governor withholding assent to the Bills was found to be illegal. This is a big victory not just for Tamil Nadu but for all States in India,” Stalin said.
The Chief Minister noted that several Bills were sent back by the Governor without approval, prompting the state to seek legal recourse.
The landmark verdict is expected to have far-reaching implications on the functioning of state governments and the role of Governors in legislative processes. It also reignites the broader constitutional debate over the discretionary powers of Governors, particularly in Opposition-ruled states.
