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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Akeal Hosein bosses powerplay overs with 'skill and mental fortitude'
New Delhi (PTI): For a spinner who bowls majority of his overs in the powerplay, Chennai Super Kings' West Indian import Akeal Hosein relies as much on mental fortitude as his skills to excel in the most unforgiving phase of the game.
With just two fielders in the deep in the first six overs, the margin for error is miniscule and the pressure is sky high.
However, Hosein thrives in that tense environment. The left-arm spinner returned with frugal figures of 3-0-15-1 in the powerplay to play a crucial role in his team's eight-wicket win over Delhi Capitals in an IPL match here on Tuesday.
"You need both of them (skill and mental toughness). Especially when you come upon pitches that aren't conducive to spin and it's just about being disciplined as well," he said.
"Having two fielders out in the power play. It's not a job that you can go searching for wickets or you can be too greedy. It's just about sticking to the plan," he explained.
Hosein got the all-important wicket of an in-form K L Rahul, who was foxed by the West Indian as he stepped out to smash him for an inside out six.
Hosein's inclusion in the playing eleven after not being picked in the initial phase of the tournament has allowed CSK to win more games. On Tuesday, the pitch offered him a bit of help and he ended up dominating the batters.
After the win over DC, Hosein was asked about his recipe for success in the powerplay.
"...it's a bit scripted because you only have two guys out so it's just about being disciplined and trying to do the job for the team. At the end of the day if you don't get wickets and you bowl economically in the power play, that's a damn good job you've done for the team," said Hosein.
He has taken seven wickets in five games at an impressive economy rate of 7.25.
Fully aware that the batter is a mere couple of hits away from putting the pressure back on him, Hosein says practising for high-pressure situations helps him stay in the present.
"I think homework is very important. You want to have that head-start when you come up against whichever batter you're going to face. And like I say it's just about making assessments as quickly as possible.
"You might come up on a pitch that is spinning. You might come up against one that isn't spinning. Thankfully I can spin the ball. So it's just about picking which deliveries will give you the most success on a particular day and against a particular batter," said Hosein.
He got rid of Rahul first ball from the other end, something that was decided by captain Ruturaj Gaikwad. Post powerplay, Noor Ahmad took over the mantle from Hosein and maintained the pressure on DC batters.
"Getting the opportunity to bowl first for me is just about again making that assessment as quickly as possible and then passing on that information to Noor or even to the seamers as well if it was a bit of spin or if it's gripping or whatever the case is.
"So conversations with myself and Noor have been fantastic. Really happy for him that he's getting some success," he added.
