9 April 2025 Current Affairs

Supreme Court finds Tamil Nadu Governor’s conduct on 10 re-passed Bills was ‘unconstitutional’,

On April 8, 2025, the Supreme Court of India delivered a landmark verdict declaring the Tamil Nadu Governor Dr. RN Ravi’s action of withholding assent for 10 re-enacted bills and later reserving them for the President as "illegal, erroneous, and non-est in law." The Court emphasized the constitutional limits of gubernatorial discretion under Article 200 and reinforced that Governors must act in accordance with democratic principles and constitutional conventions.

Background of Article 200 & Role of the Governor

Article 200 of the Indian Constitution deals with the Governor's powers regarding state legislation. When a bill is passed by a State Legislature, the Governor has three options:

• Grant assent.
• Withhold assent.
• Reserve the bill for the President’s consideration.

If the Governor withholds assent, they must send the bill back to the legislature for reconsideration. The Governor is a constitutional head of the state and acts on the aid and advice of the Council of Ministers. The role is largely ceremonial, with very limited discretionary power, and is expected to uphold the federal and democratic spirit of the Constitution.

Key Highlights of the Judgment

1. Governor's Action Illegal:

• Withholding assent and reserving the bills for the President after their re-enactment was declared illegal.
• Any action by the President on these ten bills was held non-est in law and set aside.

2. Bills Deemed Assented:

• Using Article 142, the Court deemed that the ten bills had received the Governor’s assent when re-passed by the Assembly.

3. Governor Acted in Bad Faith:

• The Court found lack of bona fides, especially the delay and the sudden reservation of bills after the Punjab Governor’s case verdict.

4. No Absolute or Pocket Veto:

• The Court clarified that the Governor cannot sit indefinitely on bills (pocket veto) or unilaterally reject them (absolute veto).
• Reservation to the President is only allowed at the first instance of the bill being presented.

5. Mandatory Timelines for Action:

The Court prescribed timelines for actions under Article 200:

• 1 month to assent/withhold/reserve bills as advised by the Council.
• 3 months if withholding/reserving is contrary to the Council’s advice.
• 1 month to grant assent after a bill is re-enacted post reconsideration.

6. Governor Must Act on Advice:

• The Governor has no discretion after a bill is re-enacted and must act on Council of Ministers’ advice.
• Only exception: bills affecting the High Courts or Supreme Court (2nd proviso to Article 200).

7. Role of Governor Reiterated:

• The judgment reminded that Governors are not to act on political considerations.
• They should act as guides and facilitators, respecting the will of the people and the legislature.

8. Criticism of Conduct:

• The Governor’s delay and procedural irregularities showed scant respect for constitutional duties and the judgment in the Punjab Governor case.

9. Quote from B.R. Ambedkar:

• Justice Pardiwala ended by quoting: “However good a Constitution may be, if those who are implementing it are not good, it will prove to be bad.”

China’s “Improper Trade Practices” As A Key Factor - Union Commerce Minister Piyush Goyal

On April 7, 2025, Union Commerce and Industry Minister Piyush Goyal, speaking at the India Global Forum NXT 25 in Mumbai, criticized China’s “improper trade practices” as a key factor behind current global economic turbulence. He highlighted how China's admission into the WTO led to unchecked growth based on unfair practices and emphasized India’s cautious approach toward strategic investments, including denying Chinese automaker BYD’s entry. His statement comes shortly after the U.S. imposed fresh tariffs on China and India.

Brief Background: India-China Trade Relations

India and China are among the largest trading partners in Asia, with bilateral trade crossing $135 billion in 2023-24, heavily skewed in China’s favor. India mainly imports electronics, machinery, chemicals, and APIs (active pharmaceutical ingredients) from China, while it exports iron ore, organic chemicals, and textiles. Relations have been marked by trade deficits, border tensions (notably Galwan 2020), and restrictions on Chinese FDI in India post-2020. Despite strategic and security concerns, economic interdependence continues to shape bilateral ties.

Key Highlights of Piyush Goyal’s Remarks

1. Critique of China’s WTO Membership and Trade Practices

• China was expected to become transparent and fair post-WTO admission in early 2000s.
• Instead, it grew using unfair trade practices like dumping, predatory pricing, and manipulating supply chains.
• Goyal described this growth as improper under global trade rules.

2. Denial of BYD Entry into Indian Market

• India has denied Chinese automaker BYD’s entry citing strategic and security concerns.
• Goyal emphasized the need to be cautious about allowing foreign investment, especially from nations with a track record of economic aggression.

3. India’s Strategic Approach

• India aims to play by global rules and turn trade challenges into opportunities.
• Reaffirmed India's commitment to fair trade and economic self-reliance.

4. Reaction to Potential Dumping by China Post-U.S. Tariffs

• In light of new U.S. tariffs, there is concern about China dumping goods in other markets including India.
• Goyal urged Indian industries to stay alert and prepared.

5. Comments on Tariff Structures & Reciprocity

• Goyal pointed out that India’s applied tariffs on U.S. goods are only around 7-8%, despite a bound average of 17%.
• He stressed that India's tariffs are fair and not excessive, implying a balanced and reciprocal trade policy.

President withheld assent to the Tamil Nadu Admission to Undergraduate Medical Degree Courses Bill

On April 4, 2025, Tamil Nadu Chief Minister M.K. Stalin announced in the Legislative Assembly that President Droupadi Murmu has withheld assent to the Tamil Nadu Admission to Undergraduate Medical Degree Courses Bill, which sought exemption from NEET for admissions to state-run medical colleges. The decision, based on the Union government's recommendation, drew sharp criticism from the Chief Minister, who termed it a blow to cooperative federalism and reaffirmed the state’s commitment to social justice in medical education.

Brief Background: NEET and Medical Education in India

• The National Eligibility-cum-Entrance Test (NEET), introduced in 2013 and made mandatory from 2016, is a national-level entrance exam for undergraduate medical and dental courses across India.
• It replaced multiple entrance exams previously conducted by states and private colleges.
• NEET was introduced to standardize medical admissions and curb malpractices, but it has drawn criticism for disadvantaging students from rural, economically weaker, and state board backgrounds, especially in states like Tamil Nadu, which historically followed a Class XII marks-based admission system to promote inclusivity and regional medical outreach.

Key Highlights of the Issue

1. Background of the Bill

• The Bill was passed unanimously in the Tamil Nadu Assembly on September 13, 2021, based on recommendations of the Justice A.K. Rajan Committee.
• It was returned by the Governor, re-adopted on February 8, 2022, and sent for President’s assent.

2. President Withholds Assent

• On April 4, 2025, it was announced that President Droupadi Murmu withheld assent based on the advice of the Union government.
• The move triggered backlash from the Tamil Nadu government.

3. State Government’s Response

• CM Stalin accused the Centre of ignoring detailed explanations provided to ministries including Health, AYUSH, Home, and Higher Education.
• He termed it a setback to students and a violation of state autonomy under cooperative federalism.

4. Call for Legal and Political Action

• The State will consult legal experts and hold an all-party meeting on April 9 to decide the next course of action.

5. NEET’s Impact According to Tamil Nadu

• The NEET system allegedly favours urban and affluent students who can afford coaching.
• It undermines social justice, affects rural aspirants, and may weaken healthcare access in rural areas.

6. Tamil Nadu’s Previous System

• Until NEET, admissions were based on Class XII marks, introduced in 2006 by former CM Karunanidhi to promote equity and social inclusion.
• This system reportedly helped rural and underprivileged students become doctors and enhanced healthcare services across the state.

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