"Resolve This Or...": Top Court Warning To Tamil Nadu Government, Governor

The Supreme Court on Friday made strong observations on the tussle between Tamil Nadu Governor RN Ravi and the ruling Dravida Munnetra Kazhagam to sort out their long-running squabble over the passing of bills and the appointment of vice-chancellors for state-run universities. "By next date (of hearing) if this is resolved... well and good. Otherwise, we will resolve it," the top court said.

A bench led by Justice SB Pardiwala made the remark as both sides have bickered, for years now, over the Governor's refusal to clear a clutch of bills, including those that limit the Governor's powers to appoint vice-chancellors and replace the Governor as chancellor of those universities.

Of the 10 bills in question, the Governor has only cleared one. Assent to seven - required to convert them into laws - have been withheld and no action has been taken on the remaining two.

The state had sought an amendment to its original plea - that it find the Governor's actions "unconstitutional and illegal", and to direct him to give assent to the bills, as outlined by the Constitution.

One aspect of the row between the Governor and the DMK stems from the Governor's insistence on including a nominee from the University Grants Commission - a statutory body under the Union Education Ministry - in committees to appoint vice-chancellors for state-run universities.

The state government says these universities' statutes do not allow this.

The state moved the court last year after Mr Ravi set up a committee to name vice-chancellors for the University of Madras, Bharathiar University, and the Tamil Nadu Teachers Training University.

The state called the move "illegal" and reconstituted the committee, removing members from the University Grants Commission, a statutory body under the Union Education Ministry.

Mr Ravi later withdrew the search committees he had set up.

Earlier the DMK moved the court seeking directions to the Governor to clear several bills, including two passed by the preceding All India Anna Dravida Munnetra Kazhagam-led government.

The ruling party accused the Bharatiya Janata Party-appointed Mr Ravi of deliberately delaying the bills and scuttling the state's development by "undermining the elected administration".

READ | Tamil Nadu Governor Returns 10 Bills, Week After Court's Concerns

In an earlier hearing, in November 2023, the court took a dim view of the allegations, and asked the Governor, "These bills (have been) pending since 2020. What were you doing for three years?"

READ | "What Was Governor Doing For 3 Years?" Top Court On Tamil Nadu Bills

The court - which was told Mr Ravi had returned 10 bills and was then hearing similar pleas by the Punjab and Kerala, ruled by parties opposed to the BJP - also raised a point of law, asking, "Can a Governor withhold assent on a bill without sending it back to the Assembly?"

The court also noted the Governor of any state - under Article 200 of the Constitution - had only three options - clear bills presented to him, withhold assent, or send the bills to the President.

Appearing then for Mr Ravi, Solicitor General Tushar Ravi argued the Governor, of any state, "is not a mere technical supervisor" and that s/he had an important role to play in passing bills.

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