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Synopsis

"I will be having a discussion personally..", Solicitor General Tushar Mehta told the Supreme Court today while making submissions in the plea filed by the Telangana government seeking a direction to Governor Soundararajan to give her assent to bills passed by the State Legislature which were pending before her.

When the matter was taken up today, CJI Chandrachud questioned the SG saying, "Mr. SG what is the instructions that you have got?"

SG Mehta thus placed on record a letter that he had received on behalf of the Governor.

After perusing the contents of the letter, the bench also comprising Justices Pardiwala and Narasimha ordered, "The letter indicates that certain clarifications have been sought by the Governor. List the petition after two weeks, Mr. Solicitor you tell us then."

In March, the Supreme Court had issued notice to the Centre and sought its response in the instant plea.

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.

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

Referring to Article 200 of the Constitution of India which provides for "Assent to Bills", the state has submitted in its plea 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.