Supreme Court declares Tamil Nadu Governor’s withholding of assent to bills “illegal and arbitrary”
New Delhi: In a significant judgment, the Supreme Court on Tuesday ruled that Tamil Nadu Governor RN Ravi’s decision to withhold assent to 10 Bills passed by the State Assembly was “illegal” and “arbitrary”. The court also held that his move to subsequently reserve the Bills for Presidential consideration was not in line with constitutional principles and set aside the Governor’s actions.
The ruling, delivered by a bench comprising Justice JB Pardiwala and Justice R Mahadevan, marks a major victory for the DMK-led Tamil Nadu government. The court said the Governor had failed to act in "good faith" and had disregarded constitutional obligations.
“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,” the bench stated in its order.
The court underlined that Article 200 of the Constitution does not grant unchecked discretion to the Governor. It laid down clear timelines for the exercise of powers under this provision, thereby reinforcing the principle of accountability in constitutional governance.
Timelines and Judicial Review
The judgment prescribed the following timeframes:
- A Governor must act within one month when withholding assent or reserving a Bill for the President’s consideration, with the aid and advice of the Council of Ministers.
- When reserving a Bill without the Council's advice, the Governor has a maximum of three months.
- If a Bill is re-passed by the state legislature after reconsideration, the Governor must grant assent within one month.
The court clarified that any delay or deviation from these guidelines could invite judicial review, thereby making the Governor’s actions subject to legal scrutiny.
“This court is in no way undermining the powers of the Governor. All actions of the Governor must align with the principle of parliamentary democracy,” the bench noted.
Tense relations between Raj Bhavan and State Government
Governor RN Ravi, a former IPS officer and ex-CBI official, assumed office in Tamil Nadu in 2021. His tenure has been marred by frequent clashes with the MK Stalin-led government. The ruling DMK has repeatedly accused him of behaving like a BJP spokesperson and obstructing the state government’s legislative and administrative functioning.
These confrontations have been evident in the Assembly as well. In 2023, the Governor refused to deliver the customary address, criticising the draft as containing “misleading claims far from truth”. In 2022, he omitted portions of the speech that mentioned leaders like Dr BR Ambedkar, Periyar, and CN Annadurai, as well as references to the “Dravidian Model” and the law and order situation in the state.
Last year, the Governor also walked out of the Assembly during his address after objecting to the absence of the National Anthem at the beginning of the session. As per tradition, the Tamil Nadu Assembly plays the Tamil Thai Valthu at the start and the National Anthem at the end. Governor Ravi, however, insisted that the National Anthem be played at both times.
The state government has maintained that the Governor’s repeated withholding of assent and refusal to act on Bills passed by the legislature amounts to an attack on democratic values and federalism.
Tuesday’s Supreme Court verdict is expected to have far-reaching implications on Centre-state relations and the constitutional role of Governors across the country.
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Woman, 2 sons found dead in Delhi home; suicide suspected
New Delhi (PTI): Three members of a family were found dead inside their home in southeast Delhi's Kalkaji on Friday, with police suspecting it to be a case of suicide, officials said.
Police said the incident came to light around 2.47 pm when a police team reached the premises to execute a court order related to possession of the property. When repeated knocks went unanswered, the staff used a duplicate key to open the door.
Inside, officers found Anuradha Kapoor (52) and her sons, Ashish Kapoor (32) and Chaitanya Kapoor (27), hanging from the ceiling, Deputy Commissioner of Police (Southeast) Hemant Tiwari said in a statement. All three were declared dead.
A handwritten note was recovered from the room, suggesting the family had been struggling with depression.
"The handwritten note indicates emotional distress faced by the family due to which the family may have taken the extreme step," the officer said.
The bodies have been shifted to the All India Institute of Medical Sciences (AIIMS) mortuary for post-mortem and other legal formalities under Section 194 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), police said.
Residents of the neighbourhood said they were shocked to learn about the deaths, adding that the family kept largely to themselves.
Pankaj Kashyap, a resident of Girinagar, said he learnt about the deaths while leaving for work. "I live and work here and was leaving for work when I saw many people standing outside and talking. That is how I got to know that three people had committed suicide. I also saw several police vehicles outside, but I do not know much beyond that," he said.
Baldev, another neighbour, said the family had been living in the newly constructed house for around two years. "We only knew that a mother and her two children lived there. They had moved into the newly built house around two years ago. We did not interact much with them. Today we heard that all three have committed suicide, and whatever we know is based on what people here are saying," he said.
Another neighbour, Ramesh Kumar, claimed the family had earlier attempted suicide.
"About fifteen to twenty days ago, the two sons in the family had attempted suicide and police and ambulances had come. That was when I first got to know who they were. I do not recognise them by face, but we saw the ambulances and police take the two sons that day. Today again we saw ambulances and police arriving, so everyone came out to see what had happened. I do not know how long they had been living here, but this is all we know," he said.
Police said they are examining the family's financial condition, social circumstances, and other factors that may have contributed to the incident. Further investigation is underway.
