SC sets aside TN Governor’s move of withholding assent to Bills

In a big win for the MK Stalin-led Tamil Nadu government, the Supreme Court on Tuesday ruled that Governor RN Ravi's decision to withhold assent to 10 key Bills was "illegal" and "arbitrary". The court ruled that the Governor cannot reserve Bills for the President after withholding assent. "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 of Justice JB Pardiwala and Justice R Mahadevan said. The court said Governor Ravi did not act in "good faith".
The Governor is under obligation to follow a clear procedure when withholding assent, and the Constitution demands action without unnecessary delays. The Court stressed that inaction is not an option, and the Governor must promptly decide on one of the three prescribed courses of action. In this case, the Court found the Tamil Nadu Governor's actions to be illegal. The Governor had reserved ten bills for the consideration of the President, despite the bills being re-presented to him after being reconsidered by the State legislature. The Court held that this was an erroneous exercise of power and ordered that any subsequent action taken by the President regarding those bills would not stand. The bills were deemed to have been assented to by the Governor on the date they were reconsidered by the legislature. This decision was made under the Court's inherent powers under Article 142 of the Constitution, ensuring complete justice in the case.
Tamil Nadu Chief Minister and DMK chief MK Stalin described the verdict as "historic". "It's a big victory not just for Tamil Nadu but for all Indian states. DMK will continue to struggle for and win state autonomy and federal polity," he said. The Governor, the court said, should have cleared the Bills when they were re-presented to him after being passed by the Assembly again.