Supreme Court raps TN Guv RN Ravi for withholding assent to 10 key bills, MK Stalin calls verdict 'historic'

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 apex court observed that Governor Ravi did not act in "good faith".

Hailing the verdict, Tamil Nadu Chief Minister MK Stalin described it as "historic".

"It's a big victory not just for Tamil Nadu but for all Indian states. DMK will continue to struggle for and win state autonomy and federal polity," he said.

The Governor, the court 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 that when a Bill is passed by the state House and is sent to him, he/she either can give 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 the reconsideration of some provisions. If the House passes it again, the Governor will have to give his assent.

The Governor has the power to reserve the bill for the President's consideration if he/she feels it is at odds with the Constitution, directive principles of state policy, or is a matter of national importance.

Explaining the same, the court on Tuesday 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.

Ever since RN Ravi took over as Tamil Nadu's Governor in 2021, he has often locked horns 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.