Supreme Court

Tamil Nadu Notifies 10 State Laws Without Governor’s Assent, Citing SC Ruling

The Tamil Nadu government today notified ten State Acts in the official gazette on the basis of a Supreme Court judgment that declared the laws as “deemed to have been assented” to by Governor RN Ravi.

Legal And Political Development

This is the first time in Indian legislative history that laws have come into force without the Governor’s or President’s signature, relying solely on the authority of the Supreme Court. The official gazette notification, published, refers directly to the Supreme Court’s April 8 verdict, which criticized Governor RN Ravi for delaying assent to multiple bills passed by the Tamil Nadu Assembly.

Governor’s Delay

The court observed that the Governor had returned the bills and then, after the Assembly passed them again, unconstitutionally sent them to the President, instead of giving his assent as required by law.

“We are left with no other option but to exercise our inherent powers under Article 142 in view of the scant respect shown by the Governor,” the Court said in its ruling.

Laws Focused on State Control Over Universities

Out of the ten laws notified, most deal with higher education governance. They include changes that remove the Governor as Chancellor of several state universities, such as:

  • Tamil Nadu Dr. Ambedkar Law University
  • MGR Medical University
  • Tamil Nadu Fisheries University

These laws aim to increase state government control over universities, an issue that has been politically contentious in Tamil Nadu.

Setting Constitutional Standard

The bench, comprising Justices JB Pardiwala and R Mahadevan, ruled that once a bill is passed again by the legislature after being returned by the Governor, the Governor must give assent and cannot refer it to the President.

The court stated that the bills should be treated as having been assented to on November 18, 2023, the date when they were re-submitted to the Governor after being passed again.

Federal Precedent Set

By notifying these laws without formal assent but based on the court’s interpretation, Tamil Nadu has now set a powerful precedent for federal legislative autonomy. Legal experts and political leaders have hailed the move as a major assertion of constitutional principles.

“This is history in the making,” said DMK MP and Senior Advocate P. Wilson, commenting on the development via social media. “These are the first Acts in India to come into effect without the Governor’s or President’s signature, thanks to the Supreme Court’s decision.”

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Meera Verma

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