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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Conspiracy afoot to 'tarnish' image of Dharmasthala: Deputy CM DK Shivakumar
Bengaluru, Aug 14 (PTI): Karnataka Deputy Chief Minister D K Shivakumar on Thursday said there was a “conspiracy” to tarnish the image of Dharmasthala.
His comments come amid an ongoing investigation by a Special Investigation Team (SIT) into serious allegations of mass burials in the revered temple town in Dakshina Kannada district.
“A conspiracy is being hatched to destroy hundreds of years of legacy. It is not correct to tarnish someone just like that. It has all happened due to one complainant,” he said.
Noting that some Congress MLAs have called for action against those involved in the slander campaign at the legislature party meeting, he said, “ I have told them that action must be taken against those who are indulging in a slander campaign. The CM has also said that action must be taken against such people.”
“I have information on this case. Religious feelings should not be hurt in any manner. Culprits must be punished,” he told reporters, according to a release from his office.
Responding to a question, Shivakumar said the Congress party will not allow the image of any religious place to be tarnished.
“We see everyone equally when it comes to religion,” he added.
The SIT, formed by the state government, is probing claims of mass murder, rape, and mass burials in Dharmasthala over the past two decades.
The complainant, a former sanitation worker whose identity has not been revealed, alleged that between 1995 and 2014 he was forced to handle bodies—including women and minors—and that some showed signs of sexual assault. He has given a statement before a magistrate.
As part of the probe, the SIT has been conducting exhumations at multiple locations identified by the complainant-witness in the forested areas along the banks of the Netravathi River in Dharmasthala, where some skeletal remains have been found at two sites so far.
