Supreme court ruled Tamil Nadu Governor’s reservation of re-enacted Bills invalid under Article 200, upholding legislative authority.
Case in News
Governor Can’t Reserve Bill After Re-Enactment stated by Supreme court in a landmark interpretation of Article 200 of Indian Constitution.
Case Overview
Case Name: THE STATE OF TAMIL NADU vs. THE GOVERNOR OF TAMIL NADU AND ANR
In a landmark ruling the Supreme court explained the scope of Article 200 of Constitution by holding that a Governor cannot reserve a Bill for the President’s assent after it has been re-enacted by the State Legislature. The bench comprising Justice JB Pardiwala and Justice R Mahadevan set aside Governor of Tamil Nadu Dr RN Ravi’s act of reserving 10 re-passed Bills deeming it constitutionally impermissible . The Supreme Court stressed that withholding assent must be followed by returning the Bill and reservation must only occur in the 1st instance.
Key Aspects
- Governor of Tamil Nadu Dr RN Ravi withheld assent to 10 Bills but didn’t communicate reasons for doing so.
- The State Assembly re-enacted the Bills which were again reserved for the President of India.
- The move followed the Supreme Court’s earlier Punjab Governor judgment.
- The legality of re-reservation under Article 200 of the Indian Constitution was challenged.
Legal Insights
- Article 200 of Constitution: Reservation for President permitted only at 1st instance.
- Once assent is withheld the Bill must be returned to the Legislature.
- Upon re-enactment the Governor must assent—no further discretion.
- Discretion under 1935 Act was removed under Indian Constitution.
- Reference: Shamsher Singh, State of Punjab, Valluri Basavaiah Chaudhary cases.
Court’s Verdict
The Supreme court of India stated that the act of Governor of Tamil Nadu Dr RN Rav of reserving re-enacted Bills was illegal. The Court held that once a Bill is returned and re-enacted Article 200 of Constitution mandates the Governor to give assent. The Court affirmed the will of the State Legislature and nullified any Presidential action based on such invalid reservation.
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