Guv vs state row: SC rules Tamil Nadu Governor Ravi’s action ‘illegal’, sets timeline for granting assent

In a landmark judgment, the Supreme Court on Tuesday held Tamil Nadu Governor R.N. Ravi withholding assent on bills passed by the Tamil Nadu Assembly as “illegal” and fixed timelines for governors’ decisions on bills. The apex court order will have implications on similar pleas moved by Kerala and various other states against the governor.

A bench comprising  Justices J.B. Pardiwala and R. Mahadevan observed though the Constitution doesn’t specify a timeline regarding the governor’s assent for bills, a governor does not have “veto power” to sit on bills passed by the state assembly. The bench set aside Governor Ravi’s actions on 10 bills and deemed them cleared from the day it was re-presented to him for assent.

“Action of Governor to reserve the 10 bills for President is illegal and arbitrary and thus the action is set aside. All actions taken by Governor thereto for the 10 bills is set aside. The 10 bills shall be deemed to be clear from the date it was re-presented to the Governor,” Bar and Bench reported quoting the verdict.

The Supreme Court had come down heavily against governor the earlier for withholding assent on bills and later referring to the president. “Article 200 cannot be read in a manner which allows the governor to not take action upon this, which are presented to him for assent and thereby delay, and essentially roadblock law making machinery in the State” the bench observed.

In a significant move, the apex court also specified guidelines for a governor to act on bills passed by a state assembly:

• In case of withholding assent and reserving it for president with aid and advice of the council of ministers: maximum one month.

• Withholding assent without aid and advice of council of ministers: Bill to be returned within three months.

• In case of presentation of the bill after reconsideration by state assembly: Bills to receive governor assent within one month.