TN Governor ‘Devised Own Procedure’, Withheld Several Bills despite Punjab Verdict: Supreme Court

Debayan Roy (Bar and Bench) 06 February 2025

Economy & Nation

The Supreme Court on Thursday took critical note that Tamil Nadu Governor RN Ravi appears to have "devised his own procedure" in withholding assent to several Bills passed by Tamil Nadu's legislative assembly, thereby rendering Constitutional provisions moot.

A Bench of Justices JB Pardiwala and R Mahadevan also took a dim view of the fact that the Governor's actions were despite the top court's November 2023 judgment dealing with a similar stand off between the Punjab government and its Governor, Banwarilal Purohit.

The Court observed that the stalemate between the TN Governor and the elected government continued even after the November 2023 verdict which had emphasised that Governors must decide on State Bills without delay.

"Petitioners have not only alleged malice in law but also malice in fact. You need to dispel these notions. We are here to interpret only Article 200. You need to show us factually, why Governor withheld assent. We delivered State of Punjab (November 2023) judgment on November (10) and on November (13), Governor says 'I withhold,'" Justice Pardiwala observed.

Therefore, the Court asked Attorney General R Venkataramani - who was representing the Tamil Nadu Governor - to defend his actions against allegations by the Tamil Nadu government that the Governor was acting with malice.

The Court also noted that by indefinitely withholding assent to Bills, the Tamil Nadu Governor appeared to have rendered a proviso to Article 200 of the Constitution redundant.

"We are not undermining his (Governor's) power. Today we are examining his power to withhold 12 Bills duly passed by the State legislature and send two bills to the President directly and then say 'I withhold assent.' You have to tell us what was so gross in the Bills that he did so," Justice Pardiwala said.

Notably, the Court focused on a part of the proviso to Article 200, which deals with a scenario where a Bill is sent back by the Governor for reconsideration by the State legislature.

In such cases, if the returned Bill is passed again by the State legislature and re-presented to the Governor for assent, the proviso lays down that "the Governor shall not withhold assent."

"Tamil Nadu governor seems to have devised his own procedure. He rendered the second part of the proviso redundant by his actions," the Court observed today.

The Court was dealing with petitions filed by the Tamil Nadu government against the Governor's refusal to assent to several Bills passed by the State Legislative Assembly, including those concerning the appointment of Vice Chancellors to State Universities.

The Court today heard arguments by Senior Advocates Rakesh Dwivedi, AM Singhvi, Mukul Rohatgi and P Wilson as well, on behalf of the Tamil Nadu government.

The State urged the Court to issue directions to the Governor/ President (two bills have been referred by the Governor to the President of India) to decide or give assent to these Bills in a time-bound manner.

The State government argued that the Governor, by indefinitely withholding assent on these bills, has been holding the entire State to ransom. In such a situation, the Court must intervene, it was argued today. The State concluded its submissions today.

Attorney General R Venkataramani began making his submissions this afternoon and is expected to continue his arguments tomorrow morning, when the matter is heard next.

Courtesy: Bar & Bench

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