10 Tamil Nadu Bills Become Law Without Governor Consent After Big Verdict

Ten bills - each cleared twice over by the Tamil Nadu government but denied assent by Governor RN Ravi since 2020, amid his hostile stand-off with the ruling DMK - have finally become laws.

And, in a historic moment, they became laws without a sign-off from the Governor or President Droupadi Murmu, after the Supreme Court this week ruled the former's withholding of assent "illegal", and said he could not reserve bills for Ms Murmu after denying assent.

A bench of Justice SB Pardiwala and Justice R Mahadevan ordered, "... these bills shall be deemed to be cleared from the date it was re-presented...", noting the Governor could not reserve a bill for the President's consideration if he withheld consent in the first instance and it had then been re-sent. 

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Chief Minister MK Stalin hailed the "historic verdict" and said, "This is a big victory for all Indian states..." the DMK leader said, referring to similar disputes involving other non-BJP states.

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Therefore, they have become laws - i.e., from November 18, 2023 - after the state government issued gazette notifications to that effect. They include amended rules on the appointment of Vice Chancellors of state-run universities. They reduce the power of the Governor to make such appointments.

The Governor had earlier twice returned these bills to spark a political row, prompting a furious Tamil Nadu Assembly to hold a special session to re-pass - unanimously - the bills and re-send them to him.

But the Governor still withheld assent and later referred them to the President.

The long-running squabble had been viewed unfavourably by the Supreme Court, which repeatedly questioned Mr Ravi. In February it asked him why it took him three years to find 'issues' with some bills.

That was a month after the court made strong observations and asked the state government and the Governor to resolve their differences. "Otherwise, we will resolve it," the court had said.

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The DMK had first approached the Supreme Court in 2023 asking for directions to the Governor to clear the 10 bills, which include two passed by the earlier AIADMK-led government.

Chief Minister MK Stalin's party accused Mr Ravi - who was appointed by the BJP - of deliberately delaying the bills and scuttling development by "undermining the elected administration".

Appearing then for Mr Ravi, Solicitor General Tushar Ravi argued the Governor, of any state, "is not a mere technical supervisor" and that s/he had an important role to play in passing bills.

This week the court, as it has in the past, noted that Governors - under Article 200 of the Constitution - had only three options - clear presented bills, withhold assent, or send them to the President.

The court also prescribed timelines to exercise these options - one month - and said missing these timelines would invite further judicial scrutiny of the Governor's action.

The court also clarified that it is "in no way undermining the Governor's powers". "All actions of the Governor must align with the principle of parliamentary democracy."

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