TN governor rendered part of Article 200 redundant by his actions, says SC
This story was originally published at 21:57 IST on 6 February 2025
Register to read our real-time news.Informist, Thursday, Feb. 6, 2025
NEW DELHI – The Supreme Court on Thursday observed that Tamil Nadu Governor R.N. Ravi appeared to have adopted his own procedure in withholding assent to various Bills passed by the state legislative assembly. The court said that by his action, the governor had rendered a proviso of Article 200 of the Constitution redundant. The proviso states that a legislature shall reconsider a Bill after the governor has returned it, and if it passes the Bill again, with or without amendments, and sends it to the governor, he shall not withhold assent thereafter.
In November 2023, the governor had withheld assent to 10 Bills which had been kept pending since 2020, and sent two more to the president for consideration. Thereafter, the state legislature passed the 10 Bills again. After this, the governor sent those 10 also to the president.
"We are not undermining his (Governor's) power. Today, we are examining his power to withhold 12 Bills duly passed by the state legislature and send two bills to the President directly and then say 'I withhold assent'. You have to tell us what was so gross in the Bills that he did so," said Justice J.B. Pardiwala.
The bench, also comprising Justice R. Mahadevan, said the court was there to interpret Article 200 relating to assent to Bills. "On factual aspect, show us why Governor decided to withhold the assent. Keep in mind, we deliver the judgment on Nov. 7, 2023, and on Nov. 10, 2023, the Governor puts an endorsement that he withholds," said the court. The bench was referring to its Nov. 7, 2023, verdict that governors must decide on Bills passed by state legislatures without delay and cannot delay them indefinitely.
The court framed certain questions to be decided. One is that when a state passes a Bill and sends it to the governor, who withholds assent, then if the Bill is passed again and presented to the governor, is it open to the governor to forward it to the president.
The apex court was hearing a petition by the Tamil Nadu government against the governor's refusal to assent to several Bills. The Bills related to higher education, remission of prisoners, government orders, and constitution of search committees for the appointment of vice-chancellors. The Bills grant the state government more powers in the affairs of the state and curtail the powers of the Centre. End
Reported by Surya Tripathi
Edited by Rajeev Pai
For users of real-time market data terminals, Informist news is available exclusively on the NSE Cogencis WorkStation.
Cogencis news is now Informist news. This follows the acquisition of Cogencis Information Services Ltd by NSE Data & Analytics Ltd, a 100% subsidiary of the National Stock Exchange of India Ltd. As a part of the transaction, the news department of Cogencis has been sold to Informist Media Pvt Ltd.
Informist Media Tel +91 (11) 4220-1000
Send comments to feedback@informistmedia.com
© Informist Media Pvt. Ltd. 2025. All rights reserved.
To read more please subscribe
Share this Story:
