Tamil Nadu Governor’s Withholding of Bills “Illegal and Arbitrary”: Supreme Court

In a significant victory for the MK Stalin-led Tamil Nadu government, the Supreme Court has ruled that Governor RN Ravi's decision to withhold assent to 10 crucial Bills was "illegal" and "arbitrary". The court emphasized that once assent is withheld, the Governor cannot then reserve those Bills for the President.

"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," said the bench comprising Justice JB Pardiwala and Justice R Mahadevan. The court further noted that Governor Ravi had not acted in "good faith".

According to the bench, the Governor should have approved the Bills after they were passed again by the Assembly and re-submitted to him.

Article 200 of the Constitution outlines the Governor's options when a Bill passed by the state legislature is presented to him. The Governor can either give assent, withhold it, or reserve the Bill for the President's consideration. He may also return the Bill to the House for reconsideration of certain provisions. However, if the House passes it again, the Governor is bound to give his assent. A Governor can only reserve a Bill if he or she believes it contradicts the Constitution, the directive principles of state policy, or if it raises issues of national importance.

The court also introduced specific timelines for these decisions. It stated that any delay beyond these timeframes could be subjected to judicial review. Governors will now have a month to either give or withhold assent and to reserve the Bill for the President—with the advice of the Council of Ministers.

If the reservation is done without ministerial advice, the deadline is extended to three months. For Bills re-submitted after being passed again by the Assembly, the Governor must act within a month. The court affirmed that any use of power under Article 200 is subject to judicial scrutiny.

Clarifying its stance, the court stated it is "in no way undermining the Governor's powers". It added, "All actions of the Governor must align with the principle of parliamentary democracy."

RN Ravi, a former IPS officer and one-time official with the Central Bureau of Investigation (CBI), assumed the post of Tamil Nadu Governor in 2021. Since then, his relationship with the MK Stalin-led government has remained strained. The DMK has accused him of behaving like a spokesperson for the BJP and obstructing legislative matters and appointments. Ravi, however, maintains that the Constitution allows him to withhold assent to Bills.

Tensions between the state government and Raj Bhavan have surfaced on multiple occasions, including during the Governor’s customary address to the Assembly. Last year, Governor Ravi walked out in protest because the National Anthem was not sung at the beginning of the address. Traditionally, the Tamil Thai Valthu is sung when the House convenes and the National Anthem at the end. Ravi objected, insisting that the national anthem should be played both at the beginning and end.

In 2023, he declined to deliver the customary address to the Assembly, claiming the draft contained "numerous passages with misleading claims far from truth". A year prior, he had refused to read sections of the speech that included mentions of BR Ambedkar, Periyar, CN Annadurai, the term 'Dravidian Model', and references to law and order in the state.