Supreme Court’s Landmark Verdict On Governor’s Powers In Tamil Nadu Case

In a massive win for the MK Stalin-led Tamil Nadu government, the Supreme Court today ruled that Governor RN Ravi’s decision to withhold assent to 10 key Bills was “illegal” and “arbitrary”. The court ruled that the Governor cannot reserve Bills for the President after withholding assent.

“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. These Bills shall be deemed to be cleared from the date it was re-presented to the Governor,” the bench of Justice JB Pardiwala and Justice R Mahadevan said. The court said Governor Ravi did not act in “good faith”.

The Governor, the bench said, should have cleared the Bills when they were re-presented to him after being passed by the Assembly again.

Article 200 of the Constitution lays down the options before the Governor when a Bill passed by the state House is presented before him. The Governor can give his assent, withhold assent, or reserve the Bill for consideration of the President. The Governor can send the Bill back to the House or Houses for reconsideration of some provisions. If the House passes it again, the Governor shall not withhold assent. The Governor, the Constitution says, can reserve

for the President’s consideration a Bill which he/she feels is at odds with the Constitution, directive principles of state policy or is a matter of national importance.

The court today prescribed timelines to exercise these options and said missing these timelines would invite judicial scrutiny of the Governor’s action. The court has earmarked a one-month deadline for Governors to withhold assent to a Bill and reserve it for the President’s review with the aid and advice of the Council of Ministers. When a Bill is reserved without the aid and advice of the Council of Ministers, this deadline will be three months. If a Bill is presented to a Governor after reconsideration by the state Assembly, he/she must clear it within a month. Any exercise of the Governor under Article 200, the court said, is amenable to judicial review.

The court clarified that it is “in no way undermining the Governor’s powers”. “All actions of the Governor must align with the principle of parliamentary democracy.”

A former IPS officer who has also worked in the Central Bureau of Investigation (CBI), RN Ravi took over as Tamil Nadu Governor in 2021. Ever since, he has had frosty ties with the MK Stalin-led state government. The DMK government has accused him of acting like a BJP spokesperson and blocking Bills and appointments. The Governor has said the Constitution empowers him to withhold his assent to legislation.

The state government and Raj Bhavan have also clashed during the Governor’s customary address to the Assembly. Last year, the Governor walked out in protest of the National Anthem not being sung at the beginning of the address. As per tradition, the state anthem Tamil Thai Valthu is sung when the House meets and the National Anthem at the end. But Governor Ravi took exception and said the national anthem should be sung at both times. In 2023, Governor Ravi refused to deliver the customary address to the Assembly and said the draft had “numerous passages with misleading claims far from truth”. The year before that, he refused to read parts of the speech that had the names of BR Ambedkar, Periyar, CN Annadurai, the phrase ‘Dravidian Model’ and some references to law and order in Tamil Nadu.