Governor Ravi - T.N. government row | Supreme Court says law does not give Governor ‘discretion’ to withhold Bills re-passed by Assembly

The Supreme Court on Monday observed that the Constitution does not provide Tamil Nadu Governor R.N. Ravi “discretion” to withhold Bills “re-passed” by the State Legislative Assembly. The Bills had been sent for approval to the Governor’s office between January 2020 and April 2023. The State had complained to the court that the Governor was holding them back indefinitely, defeating the rights of the people of Tamil Nadu to the benefits of crucial laws passed by the House. The Governor had returned the Bills on November 13. The Tamil Nadu Assembly had convened a special session on November 18 to re-pass the Bills and send them back to the Governor for approval.

The Supreme Court on Monday, November 20, 2023 observed that the Constitution does not provide Tamil Nadu Governor R.N. Ravi “discretion” to withhold Bills “re-passed” by the State Legislative Assembly.

“Once they have been re-passed, the 10 Bills are put in the position of Money Bills. Then you [Governor] cannot reject,” Chief Justice of India D.Y. Chandrachud remarked.

The court seemed to prima facie agree with argument raised by the State, represented by senior advocates A.M. Singhvi, Mukul Rohatgi, P. Wilson and advocate Sabarish Subramanian, that the first proviso of Article 200 States that “if the Bill is passed again by the House or Houses with or without amendment and presented to the Governor for assent, the Governor shall not withhold assent therefrom”.

The court also clarified with the State that the Governor could not also now refer the 10 reiterated Bills to the President.

The Bills had been sent for approval to the Governor’s office between January 2020 and April 2023. The State had complained to the court that the Governor was holding them back indefinitely, defeating the rights of the people of Tamil Nadu to the benefits of crucial laws passed by the House.

The Governor had returned the Bills on November 13. The Tamil Nadu Assembly had convened a special session on November 18 to re-pass the Bills and send them back to the Governor for approval.

“The Governor returned the Bills with just one line ‘I withhold consent’. What was the Assembly supposed to do? So, the House re-passed the Bills… The Governor has to return the Bills with a message spelling out reasons why he has returned the Bills,” Mr. Rohatgi pointed out.