Supreme Court’s landmark verdict on Governor’s powers

The Supreme Court, while terming Tamil Nadu Governor RN Ravi’s decision to withhold assent to 10 key Bills “illegal” and “arbitrary”, laid down timelines to clear Bills.

The Bill has to be returned within three months if the Governor looks to withhold assent without the aid and advice of council of ministers.

The Bill has to receive the Governor’s assent within a month in case it is to be presented after re-consideration by state Assembly.

The top court further ruled that any exercise of discretion by the Governor under Article 200 of the Constitution is amenable to judicial review.

The timelines are part of a Supreme Court ruling that the Governor cannot reserve Bills for the President after withholding assent. The court said Governor Ravi did not act in “good faith”.

The Governor, the Bench said, should have cleared the Bills when they were re-presented to him after being passed by the Assembly again.

The court clarified that it is “in no way undermining the Governor’s powers”. “All actions of the Governor must align with the principle of parliamentary democracy,” the Bench said.

Tamil Nadu has secured a “historic verdict” from the Supreme Court, Chief Minister MK Stalin said Tuesday, after the court ruled Governor RN Ravi’s withholding of assent for 10 bills – including two passed by the previous administration, when the AIADMK was in power – is “illegal” and “arbitrary”.

In brief remarks to the state Assembly this afternoon the Chief Minister said, “The Supreme Court has granted assent to all bills we passed and (to which) the Governor had refused assent.”

“This is a big victory not just for Tamil Nadu but all Indian states…” the DMK leader said, referring to similar disputes between non-BJP states and their Governors, who are appointed by the centre.

As per Article 200 of the Constitution, the Governor can give his assent, withhold assent, or reserve the Bill for consideration of the President. The Governor can send the Bill back to the House or Houses for reconsideration of some provisions.

If the House passes it again, the Governor shall not withhold assent. The Governor, the Constitution says, can reserve for the President’s consideration a Bill which he/she feels is at odds with the Constitution, directive principles of state policy or is a matter of national importance.