Days after SC flagged ‘serious concern’ about Raj Bhavan inaction, TN Governor Ravi returns 10 Bills

Speaker M Appavu said these Bills would be taken up during the special Assembly session and there would be no discussions on the Supreme Court’s observations, Governor or President. The special session will be held under Assembly Rule 26. Once the Assembly passes these Bills again, the Governor is bound to approve them. Appavu cited the examples of the Bill prohibiting online gambling and the draft legislation on the National Eligibility cum Entrance Test (NEET), which were also initially returned by the Governor.

The Tamil Nadu government filed an affidavit against the Governor on October 31, accusing him of neglecting constitutional duties and deliberately hindering governance. The writ petition alleges not only significant delays in legislation and crucial appointments but also a “systemic undermining” of the state’s elected machinery, asserting that the situation is leading to a “constitutional deadlock”. Apart from Tamil Nadu, Kerala and Punjab recently moved the top court against their Governors for allegedly sitting on pending Bills. Telangana filed a similar affidavit in the Supreme Court against its Governor in March.

Ruling on Punjab’s petition, the Supreme Court on November 10 said any attempt to cast doubt on the session of the legislature would be fraught with great perils to democracy. It rejected Punjab Governor Banwarilal Purohit’s contention that the state Assembly session held on June 19-20 was not constitutionally valid and asked him to “proceed to take a decision on the bills which have been submitted for assent on the basis that the sitting…was constitutionally valid”.

Meanwhile, on Thursday, Purohit prorogued the Assembly session convened on October 20. It was one of the two special sessions that the government convened without the Governor’s approval. Purohit’s decision came a day after he received a communication from the government on the matter.

On October 31, three days after Punjab moved the top court, the Governor gave his approval to two of the three Money Bills sent to him — the Punjab Goods and Services Tax (Amendment) Bill, 2023, and the Indian Stamp (Punjab Amendment) Bill, 2023. Purohit on Thursday approved the third one: The Punjab Fiscal Responsibility and Budget Management (Amendment) Bill, 2023.

Tamil Nadu’s petition

The crux of Tamil Nadu’s complaint centres around Ravi’s alleged “inaction, omission, delay, and failure” to accord assent to Bills approved by the legislature, alongside the non-consideration of various critical government documents and orders.

In its petition, the state administration said the Governor “has positioned himself as a political rival to the legitimately elected” Tamil Nadu government and asserted that the Governor’s actions should not be driven by personal discretion but must reflect “the satisfaction of the Council of Ministers on whose aid and advice the President or the Governor generally exercises all his powers and functions”. Hearing the petition that claimed the Governor’s action was “resulting in a near-standstill of administrative operations,” the Supreme Court said he cannot sit on key Bills passed by the legislature.

Constitutional dilemma

The standoff between the Tamil Nadu government and R N Ravi highlights a significant constitutional dilemma about the role and powers of the Governor. While a Governor is expected to approve Bills passed by the Assembly, returning Bills en masse raises questions about the balance of power between the state and the Central authorities. The Governor’s actions, perceived as delays in granting approval, have been perceived as a potential overreach by Raj Bhavan.