Read Time: 05 minutes

Synopsis

The Supreme Court today sought the Centre's response on a 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.

CJI Chandrachud led bench was at first inclined to issue notice to the Union of India, but on hearing SG Tushar Mehta's request to not do so, the Court proceeded with just seeking the Centre's response.

"Your lordships may not issue notice, I will get back. It is a constitutional functionary...", SG submitted.

Senior Advocate Dushyant Dave, appeared before the Court on behalf of the State of Telangana, who told court that notice may be issued to the secretary to the Governor.

Court refused to do so and listed the matter for next Monday.

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.

Last Tuesday, the plea was mentioned before a CJI Chandrachud led bench by 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.