SC seeks Centre’s stand on Telangana plea against Governor

Any refusal or delay on the part of the Governor to clear Bills will defeat parliamentary democracy and will of the people, the State has said in its petition

File photo of Supreme Court of India. A Bench led by Chief Justice of India D.Y. Chandrachud was responding to a petition filed by the Telangana Government against Governor Tamilisai Soundararajan for refusing to act on several Bills passed by the State legislature. | Photo Credit: PTI

The Supreme Court on March 20 sought the Centre’s stand on a petition filed by the Telangana Government against Governor Tamilisai Soundararajan for creating a “constitutional impasse” by refusing to act on several Bills passed by the State legislature.

A Bench led by Chief Justice of India D.Y. Chandrachud issued notice to the Centre. It asked Telangana to serve a copy of the petition to the counsel instructing Solicitor-General Tushar Mehta, appearing for the Centre. The case was listed for hearing on March 27.

Senior advocate Dushyant Dave, for Telangana, said the State has specifically impleaded the Governor’s secretary in order for the court to issue notice to the office of the Governor.

However, the court said it would follow the convention of seeking a response from the Centre in cases in which Governors were involved.

Mr. Dave had earlier submitted that the Bills were pending since September 14 last year, awaiting the assent of the Governor.

“In a parliamentary democracy, the Governor has no discretion to delay necessary assent as required on the Bills. Any refusal on the part of the Governor, including delay, will defeat parliamentary democracy and will of the people,” the State has said in its petition filed through advocate S. Udaya Kumar Sagar.

The State has urged the court to “declare that the inaction, omission and failure to comply with the constitutional mandate qua the assent of the Bills by the Governor is highly irregular, illegal”.

The Bills pending the Governor’s assent for months include the Azamabad Industrial Area (Termination and Regulation of Leases) (Amendment) Bill, 2022; The Telangana Municipal Laws (Amendment) Bill, 2022; The Telangana Public Employment (Regulation of Age of Superannuation) (Amendment) Bill, 2022; The University of Forestry Telangana Bill, 2022; The Telangana Universities Common Recruitment Board Bill, 2022; The Telangana Motor Vehicles Taxation (Amendment) Bill, 2022; The Telangana State Private Universities (Establishment and Regulation) (Amendment) Bill, 2022; The Professor Jayashankar Telangana State Agricultural University (Amendment) Bill, 2023; The Telangana Panchayat Raj (Amendment) Bill, 2023; and The Telangana Municipalities (Amendment) Bill, 2023.

Mr. Dave, through the petition, has argued that the Governor may or may not give assent to a Bill. However, the decision should be taken, rather than keeping the Bills pending for months together.

“The Bill must be returned together with a message requesting the Houses to reconsider it or any provisions in it and rethink the desirability of introducing any such amendments,” the petition highlighted Article 200 of the Constitution. The Governor would not withhold assent once the Houses reiterate the amendments.

The State has trained the spotlight on how under Article 163 the Governor is not “expected to act independently”.

“The Governor is required to exercise his functions or any of them in his discretion only on the aid and advice of the Council of Ministers with the Chief Minister heading it,” the petition has said.