'You will have to await judgement on Presidential Reference': Supreme Court to Tamil Nadu

A bench of Chief Justice B R Gavai and K Vinod Chandran said the matter will be heard after the Constitution bench judgement on the issue.

New Delhi: The Supreme Court on Friday asked the Tamil Nadu government to await for the outcome of the pending Presidential Reference, while dealing with the state's challenge to Governor R N Ravi's decision to refer the Tamil Nadu Physical Education and Sports University (Amendment) Bill, 2025 to the President instead of granting his assent.

"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," a bench of Chief Justice of India B R Gavai and Justice K Vinod Chandran told the state counsel.

The court clarified that the state's challenge would be taken up only after the Constitution bench delivers its judgment on the reference.

CJI Gavai is set to superannuate on November 23, 2025.

The Tamil Nadu government filed a petition against the Governor's decision to send the Kumbakonam Kalaignar University Bill to the President.

The state government also challenged the Governor's decision to send to the President the Physical Education and Sports University Bill, which was passed in the Tamil Nadu Legislative Assembly.

It sought a declaration that the Governor's sending of bills to the President was illegal.

Senior advocates Mukul Rohatgi, Abhishek Singhvi and P Wilson, appearing for the Tamil Nadu government, argued that there was no basis for the Governor to recommend a bill passed by the legislature and send it to the President.

"Can the Governor examine every bill like a judge," the counsel asked, claiming, it was not appropriate for the Governor to send the bills to the President.

"We cannot issue an order right now," the bench said, referring to pending decision on the President's reference related to fixing of timelines to clear the bills passed by the state legislatures.

Solicitor General Tushar Mehta submitted that the total number of bills recommended to the President by all the Governors in the country from 2015 to 2025 is 381.

"The Governors have been doing this since independence, that is their job," he said.

"Wait until the verdict comes in the case where the President sought an explanation, after that verdict these petitions will be taken up for hearing," the bench said.

A five-judge Constitution bench led by the CJI had on September 11 reserved its opinion on the President's reference made in May this year after a two-judge bench fixed the timelines for clearing of the bills.