Guvs 'cannot kill bills' passed by state legislatures, says top court

Governors cannot “kill bills” passed by state legislatures by first withholding assent for long and then referring them for presidential nod, the Supreme Court said on Friday, expressing displeasure at Tamil Nadu governor RN Ravi sending 10 bills to the President after the state assembly had re-enacted them in a special session last month.

- Utkarsh Anand

According to a bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud, Ravi had no option but to sign off on the bills after the assembly cleared the proposed legislations and sent them back for the governor’s approval.

“You can’t withhold the bill and kill it virtually at that stage... He can’t stultify a bill completely at the level of withholding assent. We are conscious of the fact that we are dealing with a high constitutional authority. But he has to exercise his authority under the provisions of the Constitution,” the bench, which also included justices JB Pardiwala and Manoj Misra, told attorney general (AG) R Venkataramani, who appeared for the governor’s office.

The bench’s observations on Friday underscore a long-running standoff between Raj Bhavans and elected governments in several states. In the last few months, Punjab, Telangana, Tamil Nadu and Kerala have approached the Supreme Court seeking directives to their respective governors. These proceedings have prompted the top court to issue judgments and orders mapping out the powers and corresponding duties of governors with regard to the bills sent for their assent by state legislatures.