Tamil Nadu Acts Notification: Laws Enacted Without Assent

Aakhir Tak – In Shorts

• Tamil Nadu issued a notification for 10 Acts without Governor/President assent.
• This historic Tamil Nadu Acts Notification follows a Supreme Court ruling.
• SC deemed Governor’s referral of re-passed bills to President unconstitutional.
• Acts are considered assented to effective November 18, 2023.
• Many notified Acts transfer VC appointment power to the state government.

Aakhir Tak – In Depth

A Precedent-Setting Move: Tamil Nadu Acts Notification

In an unprecedented development in Indian legislative history, the Tamil Nadu government has notified 10 Acts. This occurred without receiving formal assent from either the Governor or the President. This landmark Tamil Nadu Acts Notification was made possible by a recent Supreme Court verdict. On April 11, 2025, the state government officially published the notification for these 10 Acts in the Tamil Nadu Government Gazette Extraordinary. These Acts had initially been passed by the state Assembly. They were later re-adopted in a special session. This happened after Governor RN Ravi withheld his assent. He subsequently forwarded them for the President’s consideration, deviating from constitutional procedure.

Understanding Bill Assent: The Constitutional Process

Typically, under India’s Constitution, the process for a bill becoming law is well-defined. A bill passed by the state legislature goes to the Governor. The Governor has several options under Article 200. They can grant assent, making it an Act. They can withhold assent. They can return the bill for reconsideration (if not a Money Bill). Or they can reserve the bill for the President’s consideration. Crucially, if the legislature re-passes a returned bill (with or without amendments), the Governor must give assent. They cannot withhold it or reserve it again. However, the Tamil Nadu case saw a departure. The Governor withheld assent and then incorrectly referred the re-passed Bills to the President. This action triggered the legal challenge.

The Gazette Notification: A Historic First

The Tamil Nadu Government Gazette Extraordinary published the formal notification. This was issued by the government’s Law Department. The gazette detailed the legal and procedural journey of these specific bills. It included actions taken by the Governor, the President, and the final intervention by the Supreme Court. This marks the very first instance in India’s history. Acts have officially come into effect lacking the explicit assent of either the Governor or the President. The Supreme Court’s verdict effectively upheld the state legislature’s authority. It curbed the Governor’s ability to introduce discretionary delays into the constitutional process. This Tamil Nadu Acts Notification is a direct result of that verdict.

Supreme Court’s Landmark Ruling Explained

The Supreme Court delivered its critical ruling on April 8, 2025. It declared the Governor’s action of sending the re-passed Bills to the President unconstitutional. The court found it violated Article 200 of the Constitution. The bench stated unequivocally that the Bills must be treated as having received assent. This assent is deemed effective from the date they were re-submitted to the Governor: November 18, 2023. A key element highlighted in the government’s Tamil Nadu Acts Notification is this specific ruling. The Court explicitly held that all actions taken by the President after the Governor reserved the bill were legally invalid (“non est in law”). The bill is considered assented by the Governor on November 18, 2023.

Impact of the Notified Acts

Among the Acts included in the Tamil Nadu Acts Notification is The Tamil Nadu Fisheries University (Amendment) Act 2020. This Act renames the university to Tamil Nadu Dr J Jayalalithaa Fisheries University. More significantly, many of the notified Acts pertain to university governance. They fundamentally alter the appointment process for Vice-Chancellors (VCs) in state-run universities. The power to appoint VCs now shifts from the Governor (acting as Chancellor) to the state government.

Reactions and the Genesis of the Conflict

DMK MP and senior advocate P Wilson represented the state in court. He hailed the development as a “historic” moment. Wilson remarked that state universities would now function under the “chancellorship of the Government.” Chief Minister MK Stalin also reacted via a post on X (formerly Twitter). He stated, “DMK means creating history.”

The root of this legal battle traces back to 2022. The DMK government passed legislation aiming to assume authority over VC appointments. This power traditionally rested with the Governor. Governor Ravi resisted these moves. He cited the necessity for University Grants Commission (UGC) representation in the search committees for VCs. Consequently, several Bills concerning university administration piled up without receiving gubernatorial assent. In November 2023, Governor Ravi formally withheld assent for 10 such Bills. The Tamil Nadu Legislative Assembly promptly reconvened on November 18, 2023, and re-passed all 10 Bills. Instead of granting the now-mandatory assent, the Governor reserved them for the President’s consideration on November 28, 2023. The Tamil Nadu government challenged this specific action in the Supreme Court.

The Court’s Final Word

The Supreme Court found the Governor’s referral legally flawed. Any subsequent steps taken by the President regarding these bills were declared “non est” – legally non-existent. The bench, led by Justices JB Pardiwala and R Mahadevan, affirmed the Governor’s constitutional obligation. Once the Assembly re-passes a bill, the Governor must assent. Forwarding it to the President at that stage is impermissible under the Constitution. The recent Tamil Nadu Acts Notification operationalizes this definitive judicial interpretation.

Aakhir Tak – Key Takeaways to Remember

• Tamil Nadu issued a historic Tamil Nadu Acts Notification for 10 laws without explicit assent.
• The Supreme Court ruled the Governor’s referral of re-passed bills to the President unconstitutional (violating Article 200).
• Assent is legally deemed effective from November 18, 2023 (date of re-submission).
• Any actions by the President post-referral were declared “non est” (legally invalid).
• Several notified Acts shift Vice-Chancellor appointment power from the Governor to the State Government.

Aakhir Tak Editor-in-Chief

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