In another landmark ruling on April 8, the Supreme Court of India asserted categorically the constitutional boundaries of a Governor’s powers, providing a significant boost to the Tamil Nadu government led by Chief Minister MK Stalin. A bench comprising Justices JB Pardiwala and R Mahadevan stated that the Governor does not possess veto power over bills passed by a state legislature and termed Tamil Nadu Governor RN Ravi’s withholding of ten bills as “arbitrary and illegal.”
The verdict came in response to a petition filed by the Tamil Nadu government, accusing Governor Ravi of indefinitely delaying key bills without justification. The Supreme Court declared all such delays invalid, stating that the Governor acted in bad faith and failed to adhere to the constitutional framework of parliamentary democracy.
Concerning Article 200 of the Constitution, the court reaffirmed the Governor’s four options when a bill is presented: assent, withhold assent, return it for reconsideration, or refer it to the President. However, if the bill is passed again by the Assembly, the Governor is constitutionally bound to grant assent and cannot withhold it further.
The Court further emphasized that all actions on bills must be completed within a month. If the Governor chooses to withhold assent or refer the bill to the President, this must be done within the stipulated time, and in consultation with the Council of Ministers. The ruling aims to prevent constitutional deadlocks and uphold the democratic will of elected legislatures.
“This is not a weakening of the Governor’s powers but a reinforcement of constitutional values,” the bench stated. “A Governor must be a friend, philosopher, and guide not a roadblock.”
Chief Minister MK Stalin hailed the decision as a victory for not just Tamil Nadu but all state governments, reiterating that the Governor had deliberately delayed bills even after they were passed again in a special session of the Assembly.
The judgment has massive national implications, with similar confrontations in Kerala, Punjab, West Bengal, and Telangana, where Governors have withheld or delayed key legislative measures. The Kerala government has already sought to move its case to the same Supreme Court bench, challenging the delay of bills pending Presidential assent for nearly two years.
With this ruling, the Supreme Court has sent a strong message reinforcing federal principles and restraining potential overreach by Governors, thereby strengthening the democratic fabric of India.
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