Tamil Nadu Enacts 10 Bills Without Governor’s Assent: In a first for India, the Tamil Nadu government has notified 10 bills—mainly concerning university appointments—without the Governor’s approval, backed by a Supreme Court ruling affirming that re-passed bills must receive assent.
In a historic legal move, the Tamil Nadu government has formally notified 10 bills as law without receiving assent from Governor R.N. Ravi. This unprecedented step follows a landmark Supreme Court verdict that clarified the constitutional limitations on a Governor’s discretion regarding state legislation.
Governor’s Role Defined by Supreme Court
In its recent judgment, the Supreme Court ruled that under Article 200 of the Constitution, a Governor must either approve a bill, return it to the legislative assembly with suggested amendments, or forward it to the President. If the state legislature passes the bill again, the Governor is constitutionally bound to give assent and cannot withhold approval indefinitely.
This clarification came after the Tamil Nadu government challenged the prolonged delay and silence from the Governor on several key bills, primarily those aiming to restructure the process of university appointments in the state.
Focus on University Governance
The majority of the 10 bills center on changes to higher education governance, especially in transferring the power to appoint Vice-Chancellors from the Governor to the state government. Tamil Nadu’s leadership argues this shift will promote accountability, streamline university administration, and reduce bureaucratic interference in academic affairs.
Political and Legal Reactions
Chief Minister M.K. Stalin has strongly criticized Governor Ravi’s inaction, calling it unconstitutional and an attack on democratic principles. He emphasized that elected governments should not be held hostage to procedural delays that undermine legislative authority.
FAQs
What are the 10 bills passed by Tamil Nadu without the Governor’s assent?
The 10 bills primarily relate to reforms in the governance of state universities, especially transferring the power to appoint Vice-Chancellors from the Governor to the state government. They were re-passed by the Tamil Nadu Legislative Assembly after the Governor withheld or delayed assent.
How can a state pass laws without the Governor’s signature?
According to the Supreme Court’s interpretation of Article 200 of the Constitution, if a Governor returns a bill and the State Assembly passes it again, the Governor is constitutionally required to grant assent. The Tamil Nadu government used this principle to notify the bills without further delay.
What did the Supreme Court say about the Governor’s powers?
The Supreme Court clarified that the Governor does not have the power to indefinitely withhold assent to bills. Once a bill is re-enacted by the state legislature, the Governor must give assent and cannot stall the legislative process.
Why is this move by Tamil Nadu considered historic?
This is the first time in India that a state has notified laws without a Governor’s assent by relying on a Supreme Court judgment. It marks a significant precedent in Indian federalism and strengthens legislative independence at the state level.
What was the political reaction to this move?
Chief Minister M.K. Stalin criticized Governor R.N. Ravi for delaying and obstructing legislative work. He described the move to notify the bills as necessary to uphold democratic governance and constitutional responsibility.
What impact will this have on other Indian states?
This development could set a precedent for other state governments facing delays from Governors in granting assent. It reinforces the idea that Governors must act within constitutional limits and cannot block legislation passed by elected assemblies.
Are these changes legal and constitutional?
Yes. The action is backed by a recent Supreme Court ruling which confirms that a Governor must grant assent to bills re-passed by the legislature. Therefore, the Tamil Nadu government’s move is constitutionally sound.
