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.”
Big Setback For Tamil Nadu Governor, Supreme Court Says Can’t Hold Back Bill
About the Author
