In a significant ruling, the Supreme Court addressed the ongoing dispute between the Tamil Nadu government and Governor R N Ravi over delays in granting assent to bills passed by the state legislature.
The Tamil Nadu government had approached the court in 2023, stating that the Governor had not acted on 12 bills, including one from 2020. On November 13, 2023, the Governor withheld assent to 10 bills. The state assembly re-passed these bills on November 18, but the Governor reserved them for the President’s consideration on November 28, prompting legal scrutiny.
Court declares Governor’s action invalid
A bench of Justices J B Pardiwala and R Mahadevan ruled that the Governor’s action to reserve 10 re-passed bills for the President was “illegal and arbitrary.” The court set aside the decision and stated the bills shall be deemed to have received assent from the date they were re-presented.
Clarification on Article 200 of the Constitution
The court clarified that while Article 200 does not provide a fixed time limit for Governors to act, it cannot be interpreted to justify indefinite delay. The bench stated that the Governor must act on bills presented to him and cannot obstruct the legislative process.
Timelines for Governor’s decisions
The court set the following timelines:
If a bill is reserved for the President (with aid and advice of the council of ministers), it must be done within one month.
If assent is withheld without such advice, the bill must be returned to the assembly within three months.
If the assembly re-presents the bill, the Governor must assent within one month.
Failure to comply open to judicial review
The court ruled that failure to act within the given timelines will make the Governor’s inaction subject to judicial review. It also clarified that a re-passed bill cannot be reserved again for the President.
(Article Sourced From PTI)
