SC issues notice to Centre on T’gana plea over guv sitting on crucial bills
“In a parliamentary democracy, the Governor has no discretion to defer or delay necessary assent. Any refusal on part of the Governor including any delay will defeat the parliamentary democracy and the will of the people,” the petition filed by the Telangana government said.
The Supreme Court on Monday issued notice to the Centre on a petition filed by the Telangana government accusing governor Tamilisai Soundararajan of sitting over crucial bills passed by the state legislature.
A bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud noted the bar on issuing notice to the governor being a constitutional authority but agreed to seek a response from the Centre.
“Issue notice to the second respondent (Union of India),” said the bench, also comprising justices PS Narasimha and JB Pardiwala and posted the matter for hearing on March 27.
The state claimed that 10 crucial bills cleared by the state assembly were stuck with governor Tamilisai for her assent.
“In a parliamentary democracy, the Governor has no discretion to defer or delay necessary assent. Any refusal on part of the Governor including any delay will defeat the parliamentary democracy and the will of the people,” the petition filed by the state government said.
Solicitor General Tushar Mehta, who was present in Court, agreed to take instructions as he urged the Court not to issue notice. “Do not issue notice. I will take instructions. This petition may itself become unnecessary,” Mehta said.
Referring to the petition being directed against a constitutional functionary of the state, the solicitor general added, “The Governor is a constitutional functionary. It may not be necessary to issue notice.” The bench clarified it was only issuing notice to the Centre, and not the governor.
As per the petition, bills pending with the Governor for nearly six months relating to crucial issues concerning the state. The list of bills pending at present with the governor includes the Telangana Municipal Laws (Amendment) Bill, Telangana Public Employment (Regulation of Age of Superannuation) (Amendment) Bill, Telangana Universities Common Recruitment Board Bill, Telangana Motor Vehicles Taxation (Amendment) Bill, Telangana State Private Universities (Establishment and Regulation) (Amendment) Bill, Telangana Panchayat Raj (Amendment) Bill, and the Telangana Municipalities (Amendment) Bill, among others.
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