The Madras High Court stated that the Governor of Tamil Nadu is obligated to accept the decisions made by the state cabinet, asserting that he cannot alter these resolutions. This landmark decision arose during the hearing of a petition filed by prisoner Veerabharathi, who has been serving a 20-year sentence at Puzhal Jail.
Veerabharathi requested early release based on good conduct, a request that was initially approved by Chief Minister M.K. Stalin’s cabinet. However, Governor R.N. Ravi intervened, halting the state government’s decision and directing Veerabharathi to approach the High Court for relief.
While deliberating on the petition, the bench comprising Justices S.M. Subramaniam and Shivagnanam emphasized that the Governor should not possess any personal or moral authority in this matter. They ultimately granted Veerabharathi interim bail pending the conclusion of the legal process.
In his petition, Veerabharathi pointed out that other convicts convicted of similar crimes had already been released early. He noted that the state committee had conducted thorough reviews prior to recommending his release. After receiving cabinet approval, the case was forwarded to the Governor, who subsequently denied the request.
Ongoing Tensions Between the Tamil Nadu Governor and State Government
This ruling adds to a series of escalating tensions between Governor R.N. Ravi and the Tamil Nadu government. Notable incidents include:
February 12, 2024: The Governor walked out of the assembly session without delivering his speech, claiming repeated disrespect towards his request to honor the national anthem. He stated that certain factual inaccuracies in the speech rendered it unacceptable to him.
January 9, 2023: Governor Ravi left the assembly during a session when parts of the prepared speech were omitted. The missing sections referenced prominent leaders such as Periyar, B.R. Ambedkar, and K. Karunanidhi. Following this, Chief Minister Stalin proposed a resolution for the official record of the speech, prompting the Governor to exit the proceedings.
Legal Battles Escalate to the Supreme Court
The ongoing conflict between the Tamil Nadu Governor and the state government has escalated to the Supreme Court. In November 2023, the court heard petitions regarding the delay in the passage of bills by governors. The Tamil Nadu government argued that Governor R.N. Ravi had withheld approval for ten bills until the court intervened with a notice concerning the state’s petitions. The Supreme Court expressed concern over the prolonged inaction on these bills, questioning the Governor’s reasons for such delays.
This recent ruling from the Madras High Court reinforces the legal framework governing the relationship between the Governor and the state cabinet, setting a precedent that emphasizes the importance of adhering to democratic processes in governance.
