Read Time: 04 minutes

Synopsis

The Supreme Court today agreed to hear on March 20 a plea filed by the Telangana government seeking direction to Governor Soundararajan to give her assent to bills passed by the State Legislature which are pending before her.

Recently, in view of a very prequent constitutional impasse created on account of the refusal of the Governor of the State of Telangana to act on several bills passed by the State Legislature, which were pending since 14 September 2022 till date for the assent of the Governor, the State had moved the Top Court.

Today, the plea was mentioned before a CJI Chandrachud led bench by Senior Advocate Dushyant Dave requesting an urgent hearing.

When the CJI offered to hear the case on next Friday, Dave requested that the case be taken up on the coming Monday, i.e., March 20, which was agreed to.

"Can it be Monday, several bills are stuck", Dave submitted.

Referring to Article 200 of the Constitution of India which provides for "Assent to Bills", the state has submitted that:

"Article 200 is couched in mandatory language as it repeatedly uses the word 'shall' thereby clearly suggesting that the Governor must act as soon as possible to either grant assent or withhold the assent and return the bill as envisaged only on the advice of the council of ministers. In a parliamentary democracy, the Governor has no discretion to differ or delay necessary assent as required on the bills presented for assent."

The plea further submitted that any refusal on the part of the Governor including any delay will defeat the parliamentary democracy and the will of the people.

Accordingly, a declaration has been sought that the inaction, omission and failure to comply with the constitutional mandate qua the assent of the bills by the Constitutional functionary-the Governor is highly irregular, illegal and against the Constitutional mandate.

Case Title: The State of Telangana vs. Secretary to Her Excellency the Hon’ble Governor, For the State of Telangana and Anr.