Today, On 17th October, The Supreme Court heard the Tamil Nadu government’s plea challenging the Governor’s withholding of certain Bills. The matter will be listed only after the Constitution Bench decides the Presidential reference, resolving key legal questions on Governor powers.
The Supreme Court heard a plea filed by the Tamil Nadu government challenging the Governor’s withholding of certain Bills.
The matter was heard by a Bench comprising Justices B.R. Gavai and K. Vinod Chandran.
During the hearing, the Chief Justice of India (CJI) remarked,
“You only have to wait around four weeks; the Constitution Bench will decide the Presidential reference before October 21.”
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Senior Advocate A.M. Singhvi, representing the Tamil Nadu government, argued,
“The Governor cannot refer matters to the President on the issue of repugnancy.”
In response, the CJI stated,
“You must await the outcome of the Constitution Bench.”
When counsel informed the Court that the Bills have now been sent to the President and asked about possible action, the CJI noted,
“We cannot pass any order at this stage.”
The Solicitor General (SG) highlighted the broader implications, stating,
“From 2015 to 2025, Governors across the country have made 381 references. If every one of these is made justiciable, there will need to be two benches dedicated solely to such matters.”
Senior Advocate Rohatgi questioned,
“Can the Governor examine each clause like a judge and decide?”
The SG clarified,
“Governors have been doing this since independence it’s part of their role.”
The Court concluded that the matter will be listed after the Presidential reference is decided by the Constitution Bench.
Case Title: STATE OF TAMIL NADU V THE SECRETARY TO HIS EXCELLENCY, THE HONBLE GOVERNOR AND ORS. W.P.(C) No. 978/2025
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