SC has expressed strong concerns over the prolonged standoff between the Tamil Nadu government and Governor
Supreme Court Criticizes Tamil Nadu Governor Over Legislative Deadlock latest news: The Supreme Court has expressed strong concerns over the prolonged standoff between the Tamil Nadu government and Governor R N Ravi regarding the assent of bills passed by the state legislature. A bench of Justices J B Pardiwala and R Mahadevan highlighted that the Governor's refusal to provide his assent without communicating with the state government has led to an impasse.
During the hearing, the justices emphasized the importance of Article 200 of the Constitution, which empowers the Governor to approve or withhold approval of bills passed by the state legislature. However, the Governor's silence on the matter has created confusion and a legislative deadlock.
Justice Pardiwala pointed out that if the Governor believes a bill is repugnant to central law, he must inform the state government so they can reconsider the legislation. "How is the government expected to know what is in the mind of the Governor?" he asked, directing his question to Attorney General R Venkataramani, who represented the Governor.
Venkataramani argued that withholding assent means declining approval and mentioned that in seven cases, the President also withheld assent, indicating the bills were repugnant. However, the bench suggested that this interpretation might not align with the constitutional provisions under Article 200 and 201.
The law minister clarified that in some cases, like the one with vice-chancellors, the state government wanted to keep the Governor out of the selection process. The Governor apprised the government that such a move was inconsistent with the Centre's legislation and the UGC's statute. The government went ahead and re-enacted the bill, which is now slated for the President's consideration.
The delay in giving assent prompted the Tamil Nadu government to approach the top court in 2023, claiming that 12 bills, including one from 2020, were pending with the Governor. On November 13, 2023, the Governor declared he was withholding assent to 10 bills. The legislative assembly subsequently convened a special session and re-enacted the same bills on November 18, 2023. On November 28, the Governor reserved some of the bills for the President's consideration.
On February 6, the bench questioned the delay in the Governor's assent and noted, "he seems to have adopted his own procedure," framing several key questions for adjudication. The court has deferred the matter for further arguments and is expected to reserve its verdict on February 10.
Its outcome could be very telling in terms of the association between state governments and Governors, and how such conflicts are resolved by the legislatures going forward. It would remember that communication and adherence to constitutional provisions should not be compromised to prevent unnecessary deadlocks.
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