SC Backs TN CM Stalin, Slams Governor RN Ravi’s 'Illegal' And 'Arbitrary' Move On Withholding Bills

In a major legal victory for the MK Stalin-led Tamil Nadu government, the Supreme Court has ruled that Governor RN Ravi's decision to withhold assent for 10 crucial Bills was both "illegal" and "arbitrary". The court stated that the Governor had no authority to reserve the Bills for the President's consideration after withholding assent.

"The Governor's action to reserve the 10 Bills for the President is unlawful and arbitrary. Accordingly, it is annulled. All decisions made by the Governor concerning these Bills are set aside. These Bills will be deemed to have received assent from the date they were re-submitted to the Governor," the bench, comprising Justices JB Pardiwala and R Mahadevan, ruled. The court further remarked that the Governor did not act in "good faith".

The bench emphasised that the Governor should have granted assent when the Bills were returned to him after being re-passed by the Assembly.

According to Article 200 of the Indian Constitution, when a Bill passed by the state legislature is presented to the Governor, he/she may grant assent, withhold it, or reserve it for the President's consideration. The Governor may also return the Bill to the legislature with suggested amendments. However, if the legislature passes the Bill again, the Governor is constitutionally bound to give assent. A Bill may only be reserved for Presidential consideration if it conflicts with the Constitution, the directive principles of state policy, or involves national significance.

The court has now laid out clear timelines for exercising these options. Missing such deadlines, it noted, will subject the Governor's actions to judicial scrutiny.

It set a one-month time frame for the Governor to either withhold assent or reserve the Bill for the President with the aid and advice of the Council of Ministers. If the reservation is made without such advice, the deadline extends to three months.

In cases where a Bill is re-submitted to the Governor after being reconsidered by the Assembly, he or she must approve it within a month. The Supreme Court further clarified that all exercises of power under Article 200 are open to judicial review.

The court was also keen to point out that this ruling does not seek to diminish the powers of the Governor, but rather ensures that "all actions of the Governor must conform to the principles of parliamentary democracy".

RN Ravi, a former IPS officer and ex-CBI official, assumed office as Tamil Nadu Governor in 2021. Since then, his relationship with the state government has been strained. The DMK-led administration has accused him of functioning like a BJP spokesperson and obstructing Bills and appointments. Governor Ravi, for his part, has maintained that the Constitution grants him the power to withhold assent.

Tensions between the state government and the Governor's office have flared on multiple occasions, including during the Governor's traditional address to the Assembly.

In one incident, he walked out in protest at the National Anthem not being sung at the beginning of the session. As per convention, the Tamil anthem 'Tamil Thai Valthu' is performed at the start, with the National Anthem reserved for the end. Governor Ravi, however, insisted the national anthem should be played on both occasions.

In 2023, he refused to deliver the customary Assembly address, claiming that the speech contained "numerous misleading claims far removed from the truth".

The previous year, he omitted sections of the prepared speech which mentioned BR Ambedkar, Periyar, CN Annadurai, the phrase "Dravidian Model", and references to law and order in Tamil Nadu.