The Tamil Nadu government has petitioned the Supreme Court against Governor RN Ravi, with relation to delays in assenting to Bills passed by the state’s Legislative Assembly. In the petition, the state government has said that Ravi has positioned himself as a “political rival to the legitimately elected government.” Further, the petition also says that the governor has not signed remission orders, day to day files and appointment orders, adding that there are delays in approving recruitment orders, granting approval to prosecute MLAs involved in corruption. In this regard, the Tamil Nadu government has sought directions from the Supreme Court to stipulate a time frame for the governor to provide his ascension to pending bills and sign the orders that remain pending.
“The non-consideration of files, government orders and policies forwarded by the state government for his [ the governor’s] signature is unconstitutional, illegal, arbitrary, unreasonable besides mala fide exercise of power,” the petition says.
“The governor has positioned himself as a political rival to the legitimately elected government by hindering and obstructing the Legislative Assembly's ability to carry out its legislative duties by unjustly and excessively delaying the consideration of bills,” the petition, filed by advocate Sabarish Subramanian, further says. The petition goes on to add that “The governor’s inactions have caused a constitutional deadlock between the constitutional head of the state and the elected government of the state. By not acting upon his constitutional functions, the governor is toying away with the citizen’s mandate.”
According to Article 200, when a Bill passed by the legislature of a state is presented to the Governor, he has four options -- (a) they assent to the bill (b) they withhold their assent (c) they reserves the bill for consideration by the President, or (d) return the bill to the legislature for reconsideration.
According to these provisions, as soon as a bill is presented to the governor, they may return it to the Assembly (if it is not a money bill) for reconsideration.The governor can also recommend introducing amendments or changes as he thinks appropriate. If, on such reconsideration, the bill is passed again, with or without amendments, and is presented to the governor for assent, they are bound to provide it.
Earlier this year, the state government had said that Ravi had not provided his assent to 14 bills that were pending with him at the time. In 2022, the state government’s ordinance against online gambling due to a series of suicides, lapsed as the Ravi failed to provide his assent Tamil Nadu Prohibition of Online Gambling and Regulation of Online Games Bill. Similarly the Governor delayed his assent to the Tamil Nadu Admission to Undergraduate Medical Degree Courses Bill that seeks to exempt Tamil Nadu’s students aspiring for medical and dental courses from NEET. Ravi returned the Bill to the Assembly after the delay for reconsideration and it was once again passed by the Assembly in February, 2022. The Bill is now pending before President Droupadi Murmu.