
In a significant constitutional ruling, the Supreme Court of India on Tuesday declared that Tamil Nadu Governor RN Ravi's action of withholding assent for 10 Bills passed by the state Assembly and referring them for Presidential consideration is "illegal and erroneous in law."
The court emphasized that the Governor does not have discretionary power in this context and is bound to act on the aid and advice of the council of ministers as per Article 200 of the Constitution.
Bills Automatically Clear Upon Reconsideration
The two-judge bench of Justices JB Pardiwala and R Mahadevan ruled that the 10 Bills must be treated as cleared from the date they were re-presented to the Governor after reconsideration by the Assembly.
The court clarified:
The Governor must assent to a Bill if it is reintroduced without changes.
The only exception is if the Bill presented the second time is different from the first version.
Supreme Court Sets Time Limits for Governor's Action
The court also established strict timelines under Article 200 for Governors to act on Bills:
One month to decide if a Bill is being reserved for the President or assent withheld, following cabinet advice.
Three months if the Governor acts contrary to the State Government’s advice.
One month to assent to a re-presented Bill after Assembly reconsideration.
The bench strongly ruled out the concept of an "absolute veto" or "pocket veto", emphasizing that delays or inaction violate constitutional principles.
Governor's Role in Democracy Reaffirmed
The court underlined the role of the Governor as a symbolic constitutional head, who must function without political bias. The judgment stated:
"The Governor must act with due deference to the settled conventions of Parliamentary democracy... not bring the state machinery to a standstill. He must be a catalyst, not an inhibitor."
Background and Political Context
Tamil Nadu Chief Minister MK Stalin has previously accused Governor RN Ravi of deliberately blocking the state government's legislative agenda by refusing assent to multiple Bills. Stalin also alleged that non-BJP-ruled states are being targeted by the Centre through the office of the Governor.
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