The Supreme Court on Tuesday ruled that Tamil Nadu Governor R N Ravi’s decision reserving 10 bills for consideration by the President after they were re-enacted by the state legislature is “illegal and erroneous in law” and liable to be set aside.

In a landmark judgment, the court curtailed the arbitrary exercise of powers, vested under Article 200 of the Constitution, by the Governor by withholding 10 bills passed/reiterated by the state legislature.

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Cautioning against the arbitrary exercise of the powers vested in the Governor under Article 200 of the constitution and setting timelines for granting assent to such bills in order to curb the growing tendency of motivated inaction of the Governors, a bench of Justice J B Pardiwala and Justice R. Mahadevan said that reserving 10 bills for consideration by the President after they were reconsidered by the State assembly is illegal and any consequential steps taken in respect of the 10 bills is non-est.

Taking recourse to its plenary powers under Article 142 of the constitution, the top court declared that all the 10 bills are deemed to have been cleared from the date they were presented again to the Governor Ravi after reconsideration by the legislature.

“Action of the Governor to reserve the 10 bills for the President is illegal and arbitrary, and thus the action is set aside. All actions taken by the Governor thereto for the 10 bills is set aside. The 10 bills shall be deemed to be clear from the date it was re-presented to the Governor,” the judgment pronounced by Justice Pardiwala said.

Emphasising and underlining that the Governor must be a friend, philosopher and guide and not driven by political considerations but by the Constitutional oath, Justice Pardiwala speaking for the bench said that the Governor must be a catalyst and not an inhibitor, and the Governor must be conscious to not to create any roadblock.

Authoring the judgment, Justice Pardiwala said, “The Governor must be conscious to not create roadblocks or chokehold the state legislature in order to thwart and break the will of the people for political (reasons). The members of the state legislature, having been elected by the people of the state as an outcome of the democratic expression, are better attuned to ensure the wellbeing of the people of the state.”

Stating that the Governor does not have a veto power to sit over bills sent to him by a state legislature, the top court said that the Governor must give assent to a bill when it is presented to him after reconsideration by the State assembly, he can only refuse assent only when the bill is different.

The long-awaited and landmark judgment from the Supreme Court came on a plea by the Tamil Nadu government against the state Governor for withholding assent on bills passed by the Assembly and reserving them for consideration by the President.

Besides the Tamil Nadu government, the judgment has come as a succour for Kerala, Punjab, and other opposition ruled States which are in constant tussle with the State Governors on various issues.