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SC notice to Union govt on plea over delay in giving assent to bills by Telangana governor [Read Order]

By Lawstreet News Network      Mar 21, 2023      0 Comments      354 Views
SC notice to Union govt on plea over delay in giving assent to bills by Telangana governor

NEW DELHI: The Supreme Court has on Monday issued notice to the Union government a plea filed by the Telangana government seeking directions to Governor Tamilisai Soundararajan to clear ten bills passed by the legislative assembly.

The state approached the top court "in view of a very piquant constitutional impasse created on account of the refusal of the Governor to act on several bills".

The plea contended that Article 200 of the Constitution empowers the Governor to either assent to a Bill passed by the state legislature or to withhold assent therefrom or to reserve the Bill for consideration of the President and this power is however to be exercised "as soon as possible”.

"In a parliamentary democracy the Governor has no discretion to differ or delay necessary assent as required on the bills presented for assent. Any refusal on the part of the Governor including any delay will defeat the parliamentary democracy and the will of the people," it said.

Appearing for the respondents, Mehta submitted before a bench of Chief Justice of India D Y Chandrachud and Justices P S Narasimha and J B Pardiwala that the court may not issue notice in the matter and he will take instructions.

“Possibly, some of the bills were received a few months back,” Mehta said.

The bench, however, said, “We are not issuing notice to the Governor. We are issuing notice to the Union of India.”

Mehta pleaded that it may not be necessary as he is before the court.

The bench clarified that it is not issuing notice to the Governor but to the Union of India.

Mehta again insisted that notice may not be issued in the matter.

Senior advocate Dushyant Dave, representing the Telangana government, submitted that the court may record the Solicitor General's presence and he has no problem.

The bench, however, issued notice to the Centre and fixed the matter for further hearing on next Monday, March 27.

In its writ petition, the state government has brought to the notice of the Supreme Court that 10 bills are pending with Raj Bhavan. While seven bills are pending since September 2022, three bills were sent to the Governor last month for her approval. The secretary to the governor and the Union of India has been made respondents in the case.

This is the second time that the Bharat Rashtra Samithi (BRS) has knocked the court's door against the Governor.

Last month, the government filed a plea in the Telangana High Court seeking direction to the Governor to give her approval to the state Budget for 2023-24. The court, however, had suggested both sides to sort out the issue amicably.

[Read Order]

Supreme CourtUnion GovernmentTelangana GovernorTamilisai SoundararajanBillsArticle 200Constitution EmpowersState LegislatureParliamentary DemocracyCJID Y ChandrachudJustice P S NarasimhaJ B PardiwalaUnion of IndiaSenior Advocate Dushyant DaveTelangana GovernmentState GovernmentRaj BhavanBharat Rashtra SamithiBRSTelangana High Court
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