New Delhi: In a landmark decision, the Supreme Court on Tuesday ruled that Tamil Nadu Governor RN Ravi’s decision to withhold assent to ten key bills for the consideration of the President in November last year was “illegal” and “arbitrary”.

While passing the order, a bench of Justices J B Pardiwala and R Mahadevan stated that all actions taken by the Governor for the ten bills have been set aside. “These Bills shall be deemed to be cleared from the date it was re-presented to the Governor,” observed the top court, adding that RN Ravi didn’t act in “good faith”.

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Describing the Supreme Court verdict as “historic”, Tamil Nadu Chief Minister and DMK chief MK Stalin said it was a “big victory” for not just Tamil Nadu but for all Indian states.

“We thank and welcome today’s historic judgment of the Hon’ble Supreme Court, reaffirming the legislative rights of State Legislatures and putting an end to the trend of Union government-nominated Governors stalling progressive legislative reforms in Opposition-ruled states. This is another crucial step in restoring balance in Union–State relations and a landmark victory in Tamil Nadu’s continuous struggle to usher in a truly federal India,” Stalin said.

The apex court said that the Governor should have cleared the Bills when they were re-presented to him after they were passed by the Assembly again. Any delay or inaction amounts to a constitutional breach, stated the bench.

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The bench earmarked a one-month deadline for governors to withhold assent to a Bill and reserve it for the president’s review with the aid and advice of the Council of Ministers. If it is reserved without the help and advice of the Council of Ministers, the deadline will be three months.

If a Bill is presented to a governor after reconsideration by the state assembly, they must clear it within a month. Any exercise of the governor under Article 200, the court added, is amenable to judicial review.

The Supreme Court also clarified that it is “in no way undermining the Governor’s powers” and that “all actions of the Governor must align with the principle of parliamentary democracy.”

On February 10, a bench of Justices Pardiwala and Mahadevan reserved judgement on the writ petitions filed by the state government against Governor RN Ravi withholding assent for the bills, the oldest of them pending since January 2020.

What Can The Governor Do When A Bill Is Presented Before Them?

As per Article 200 of the Constitution, the Governor can give his assent, withhold assent, or reserve the Bill for consideration of the President. The Governor can send the Bill back to the House or Houses for the reconsideration of some provisions. If the House passes it again, the Governor shall not withhold assent. According to the Constitution, the Governor can reserve for the President’s consideration a Bill which they feel is at odds with the Constitution, directive principles of state policy, or is a matter of national importance.

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RN Ravi, a former IPS officer who also worked in the CBI, took over as Tamil Nadu Governor in 2021. Tensions have been apparent between him and the MK Stalin-led state government. While the DMK government accused Ravi of acting like a BJP spokesperson and blocking Bills and appointments, the Governor said that the Constitution empowers him to withhold his assent to legislation.