The Supreme Court on Wednesday asked the Union government why it should not release Rajiv Gandhi assassination case convict A.G. Perarivalan instead of keeping him in prison because of the protracted legal issue of who is the competent authority - governor or the president - to take a call on the mercy plea.
The Supreme Court bench comprising Justices L. Nageswara Rao and B.R. Gavai took strong exception to the governor referring the decision regarding Perarivalan’s release to the President. “If at all the governor disagrees with the state cabinet decision to release him, the proper course for him would be to refer it back to the cabinet and not forward it to the President, who is bound by the aid and advice of the Centre... That cannot simply be done. We prima facie find the governor’s action wrong and you are arguing against the Constitution,” Justice Rao said.
“It is a bad precedent against the federal structure of country, saying he will refer every decision (of the state cabinet to the president).”
Justice Gavai said “it strikes at the federal structure”.
“Then every time the governor will refer (the matter to the president) against cabinet decision.
“Under what provision in the Constitution is the governor referring the case to the President? Is this not an issue in which the governor acts on the aid and advice of the state cabinet? What is the source of power which allows him to refer the matter to the President? Under Article 161, the governor has to exercise his powers independently,” Justice Gavai said.
While the Supreme Court asked it in the context of Rajiv Gandhi assassination case convict Perarivalan, the observation assumes high significance in Tamil Nadu at a time when the ruling DMK government and Governor R.N. Ravi are at logger-heads. A former IPS officer, Ravi was transferred from Nagaland to Tamil Nadu in September 2021. Since his appointment, he has denied approval for 19 bills passed in the assembly. Several bills passed in the 16th assembly, including the anti-NEET bill, are hanging in balance.
Ravi has been criticised by the political observers in the state for meddling in the government’s administrative affairs. His first salvo was a note to the chief secretary “to know the ongoing welfare schemes” of the state government. On October 28, 2021, Chief Secretary V. Iraianbu had sent a circular to certain departments regarding the same, which triggered a political debate. And then came the governor’s delay in giving assent to the anti-NEET bill. It was returned by the governor, the first time, thereby making the government pass yet another bill in the assembly. Later, the issue was taken up in Parliament too, with DMK’s floor leader T.R. Baalu demanding Ravi’s ouster from Tamil Nadu.
Governor Ravi was also criticised for showering praise on Prime Minister Narendra Modi's “all-inclusive development model”, at the 22nd Convocation of Tamil Nadu Veterinary and Animal Sciences University. He had also said that a “Darwinian” model of development had created a huge regional and sub-regional imbalances and social tensions, in an apparent dig at the state's Dravidian politics. Following his remarks, on Tamil new year day, the DMK boycotted the governor’s ‘at home function’ at Raj Bhavan. Also, the DMK party organ Murasoli, in January, slammed the governor saying he cannot behave like a “big brother”, since “it is not Nagaland, but Tamil Nadu”.
Amid the tussle, on April 25, the DMK government passed a bill in the assembly, empowering the state government to appoint vice-chancellors (VC) of 13 universities. The bill was passed amid Governor Ravi's inauguration of a two-day conference at Ooty Raj Bhavan for the VCs of all state, central and private universities in Tamil Nadu.
