The Modi government has left no stone unturned to undermine the Constitution and the core constitutional values, in particular federalism. One way has been to target opposition-party led state governments through the deployment of the ED and other central agencies. The other, and one which has become a central tactic, is the weaponization of the office of the Governor to frustrate the functioning of elected Opposition Party State governments in a veritable undermining of the federalism. In almost all such states, the Governors wilfully defeat the law-making right of State Legislatures by denying assent to Bills passed by the said Legislatures. The extreme partisanship with which the Governors have conducted themselves, have finally led to the series of cases by Opposition-led State governments of Telengana, Jharkhand, Punjab, Tamil Nadu, Kerala and Delhi (against the Lieutenant Governor) to approach the Supreme Court to intervene and direct the Governors to stop delaying the necessary assent.

Now, in what can only be seen as a telling blow to this unconstitutional phenomenon, the Supreme Court in its judgment in the Tamil Nadu Governor's case pronounced on April 8, 2024, has held that, the Governor, as a general rule, does not possess any discretion regarding the grant of assent for Bills passed by the State Legislature under Article 200, and has to mandatorily abide by the advice tendered to him by the Council of Ministers. The Supreme Court noted that granting any such discretion to the Governor regarding giving assent to bills, would turn the Governor into a "super-constitutional figure", who could "collude with the Union Government" and kill any legislation passed by the State Assembly.

This judgment is a telling indictment of not just the unconstitutional and treacherous conduct of RSS-nominee TN Governor R.N. Ravi, but the overall tactic of the Modi government to use the office of the Governor to undermine the authority of Opposition-led State Governments. The judgment comes as a boost in upholding the federal structure of governance as also the supremacy of the legislature as an expression of the people's will.

This judgment is the most recent in a succession of rulings issued by the Supreme Court in cases filed by Opposition-led State governments challenging the actions of Governors who have been delaying Bills passed by State Legislatures, neither granting assent nor returning them for reconsideration. In April 2023, while dealing with the dilatory tactics of the Telengana Governor, the Supreme Court reminded the Governor that Article 200 of the Constitution obliged that a decision on the Bill has to be taken “as soon as possible”. Noticing that this advice was being ignored, in November 2023, the Supreme Court, in its judgment in the Punjab Governor's case, sternly observed that Governors, as unelected heads, cannot veto the legislature by simply withholding assent, and that if they choose to withhold assent, then they must promptly return the bills to the legislature with reasons.

Instead of complying with the law laid down in the Punjab Governor’s case, Governors in opposition Party-ruled States continue to procrastinate on Bills passed by the State Legislatures and even devised a new dilatory tactic of referring Bills to the President. It is in this context that the recent Supreme Court judgment can be seen as one seeking to address all loopholes that recalcitrant Governors were taking advantage of. While clarifying the limited role and discretion that the Governors enjoy in regard to assent to Bills, the judgment also, and importantly, lays down mandatory timelines for the Governor and the President to act on the Bills as per Articles 200 and 201 respectively. The Supreme Court then goes on to declare deemed assent to the 10 Bills pending with the TN Governor holding as follows: “In such a situation, it is difficult for us to repose our trust and remand the matter to the Governor with a direction to dispose of the bills in accordance with the observations made by us in this judgment. Article 142 empowers this Court to do complete justice and in the facts of the present case, more particularly, in light of the fact that the option of granting assent to the repassed bills was the only constitutionally permissible option available with the Governor, we deem it absolutely necessary and appropriate to grant that very relief by exercising our extraordinary powers. No meaningful purpose would be served by keeping the bills, some of which have already been pending for incredulously long periods, pending for more time. Therefore, we deem the assent to have been granted.”

This is a scathing vote of no-confidence as far as the office of the TN Governor, RN Ravi is concerned. The Supreme Court also notes that the conduct of the Governor is “lacking in bonafides” and that the Governor “has failed in showing due deference and respect to the judgments and directions of this Court” before reminding that constitutional authorities are creatures of the Constitution and are bound by the limitations prescribed by it and that “it is only when the constitutional functionaries exercise their powers by and under the Constitution that they show deference to the people of India who have given the Constitution to themselves”.

In conclusion the Supreme Court has taken the opportunity to quote from Dr. B.R. Ambedkar’s concluding speech in the Constituent Assembly, which it states “is as relevant today as it was in 1949” – “However good a Constitution may be, it is sure to turn out bad because those who are called to work it, happen to be a bad lot. However bad a Constitution may be, it may turn out to be good if those who are called to work it, happen to be a good lot”.

This judgment is a necessary step in reigning in the arbitrary actions of Governors and nothing less than a censure of the Modi government itself. After this telling Supreme Court verdict, Governor Ravi has lost all moral right to continue in office. The Modi government must immediately recall him and stop weaponising the office of Governors. As the Constitution clearly spells out, India is a union of states, and the Union government must honour the federal rights of all state governments.