Supreme Court clarifies presidential power over governor-referred bills in Tamil Nadu, affirming no direction possible.

The Supreme Court (SC) has directed the Tamil Nadu government to await the outcome of the Presidential Reference before proceeding with its challenge against Governor R.N. Ravi's decision to reserve the Tamil Nadu Physical Education and Sports University (Amendment) Bill, 2025, for the President's consideration, rather than granting his assent.

A bench of Chief Justice B.R. Gavai and Justice K. Vinod Chandran made it clear on Friday, October 17, 2025, that the state's challenge will be addressed only after the Constitution Bench delivers its judgment on the reference, expected before November 21, 2025, when Chief Justice Gavai retires. "You will have to wait for the outcome of the Presidential Reference. You will have to wait hardly for four weeks. The reference has to be decided before November 21," the bench stated.

The Tamil Nadu government approached the Supreme Court after Governor Ravi reserved the Bill for the President's consideration on July 14, 2025, citing conflicts with Clause 7.3 of the University Grants Commission (UGC) Regulations, 2018. The Bill had been sent to the Governor for approval on May 6, 2025, along with the Chief Minister's advice to approve it. The state described the Governor's action as "patently unconstitutional, violative of Articles 163(1) and 200 of the Constitution, and void ab initio" in its petition.

The case is closely linked to a Presidential Reference regarding whether constitutional courts can impose timelines on Governors and the President for granting assent to Bills passed by state legislatures. The Supreme Court reserved its judgment on this reference on September 11, 2025. The bench indicated that the decision in the Tamil Nadu matter hinges on the outcome of this reference.

Representing Tamil Nadu, senior advocate Abhishek Manu Singhvi argued that the Governor lacks the authority to refer the Bill to the President after receiving the "aid and advice" of the Council of Ministers. He contended that the Governor had exceeded his constitutional authority by examining the provisions of the Bills clause by clause and declaring them "repugnant" to Central enactments. Senior Advocate Mukul Rohatgi, also appearing for the state, questioned whether the Governor could examine every clause like a judge.

Solicitor General Tushar Mehta opposed the plea, stating that Governors across the country have referred 381 Bills to the President between 2015 and 2025. He suggested that if every reference was justiciable, two permanent benches would be needed to handle such matters.

In a related matter from April 2025, the Supreme Court criticized Tamil Nadu Governor R.N. Ravi's conduct as "unconstitutional" for his delay in acting on 10 crucial Bills. The court deemed those bills to have received assent and set time limits for Governors to act on future Bills.


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