Tamil Nadu Guv withholding assent to 10 key bills 'illegal' and 'arbitrary': Supreme Court

The top court said it is illegal for the Governor to reserve bills for the President after withholding assent.

A Supreme Court bench comprising Justices JB Pardiwala and R Mahadevan said as quoted by NDTV, "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 court said the Governor should have given his assent to the bill when it was re-presented to him by the assembly.

Citing the Constitution, the court said the Governor can give his assent, withhold assent or reserve the bill for President's consideration.

The Governor can send back the bill to the House or Houses for a reconsideration of some of its provisions but if the assembly re-sends the bill, the Constitutional head will have no choice but to give his assent.

The Governor can reserve the bill for the President's consideration if he finds it is contradictory to the Constitution, directive principles of state policy or matters of national importance.

The court said in this case the Governor should not have withheld the bill.

Welcoming the judgement, Tamil Nadu Chief Minister and DMK chief, MK Stalin, posted on X, "We thank and welcome today’s historic judgment of the Hon’ble Supreme Court, reaffirming the legislative rights of State Legislatures and putting an end to the trend of Union government-nominated Governors stalling progressive legislative reforms in Opposition-ruled states.

"This is another crucial step in restoring balance in Union–State relations and a landmark victory in Tamil Nadu’s continuous struggle to usher in a truly federal India. My congratulations to the people of Tamil Nadu and our legal team!"

The ruling DMK has been accusing RN Ravi, a former IPS officer, of blocking bills and acting as the representative of the country's ruling Bharatiya Janata Party (BJP) after assuming the post.