TN Govt Moves Supreme Court Against Governor's Decision To Reserve Kalaignar University Bill For President's Assent

The Tamil Nadu Government has approached the Supreme Court challenging the Governor's decision to reserve the Kalaignar University Bill, 2025 for the consideration of the President of India instead of granting assent as advised by the State Council of Ministers.

In the writ petition filed under Article 32, the State contends that the Governor's action is “illegal, patently unconstitutional and void-ab-initio” for being violative of Articles 163(1) and 200 of the Constitution.

The State has sought a declaration that the Governor's decision to reserve the Bill [LA Bill No. 19 of 2025] is unconstitutional, along with quashing of the Governor's communication dated July 14, 2025, which conveyed the decision to refer the Bill to the President.

Among the key prayers made in the petition are:

• A writ declaring the act of reserving the Bill for the President's consideration as unconstitutional.
• A writ of certiorari to quash the July 14 communication of the Governor as arbitrary and mala fide.
• A writ of mandamus directing the President to return the Bill to the Governor, and a further direction to the Governor to consider the Bill in accordance with Article 200, based on the aid and advice of the Council of Ministers.

The petition asserts that under the constitutional scheme, the Governor is bound to act on the aid and advice of the State Cabinet and has no independent discretion to reserve such a Bill unless it falls within the specific exceptions mandated under the Constitution.

It may be noted that a 5-judge bench of the Supreme Court last month reserved its opinion on the reference made by the President on questions relating to the grant of assent to Bills. The Presidential Reference was made soon after a two-judge bench of the Supreme Court delivered the judgment laying down timelines for the President and Governor to grant assent to Bills in a petition filed by the State of Tamil Nadu

The Kalaignar University Bill, 2025, passed by the Tamil Nadu Legislative Assembly earlier this year, seeks to establish a new state university named after former Chief Minister M. Karunanidhi (popularly known as “Kalaignar”). The proposed university is aimed at expanding access to higher education, fostering research, and promoting Tamil language, culture, and social justice values through its academic framework. The Bill was cleared by the Assembly and sent to the Governor for assent following Cabinet approval. However, the Governor chose to reserve it for the President's consideration.

The petition was settled by Senior Advocate P. Wilson and filed through Advocate Misha Rohatgi Mohta,