Telangana govt vs Governor: SC asks SG to seek instructions on plea over delay in giving assent to bills

The Supreme Court on Monday asked Solicitor General Tushar Mehta to seek instructions on a plea filed by the Telangana government seeking directions to Governor Tamilisai Soundararajan to clear ten bills passed by the legislative assembly.

The state approached the top court "in view of a very piquant constitutional impasse created on account of the refusal of the Governor of the State of Telangana to act on several bills".

Appearing for the respondents, Mehta submitted before a bench of Chief Justice of India D Y Chandrachud and Justices P S Narasimha and J B Pardiwala that the court may not issue notice in the matter and he will take instructions.

“Possibly, some of the bills were received a few months back,” Mehta said.

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The bench, on this, said, “We are not issuing notice to the Governor. We are issuing notice to the Union of India.”

Mehta insisted that it may not be necessary as he is before the court.

The bench clarified that it is not issuing notice to the Governor but to the Union of India.

Mehta emphasised that notice may not be issued in the matter.

Senior advocate Dushyant Dave, representing the Telangana government, submitted that the court may record the Solicitor General's presence and he has no problem. After hearing submissions, the bench accepted Mehta’s contention and fixed the matter for further hearing on next Monday.

Earlier this month, the Telangana government had approached the Supreme Court seeking direction to Governor Tamilisai Soundararajan to give her approval to the bills passed by the state legislature.

In a writ petition, the state government has brought to the notice of the Supreme Court that 10 bills are pending with Raj Bhavan. While seven bills are pending since September 2022, three bills were sent to the Governor last month for her approval. The secretary to the governor and the Union of India has been made respondents in the case.

The plea contended that Article 200 of the Constitution empowers the Governor to either assent to a Bill passed by the state legislature or to withhold assent therefrom or to reserve the Bill for consideration of the President and this power is however to be exercised "as soon as possible”.

"In a parliamentary democracy the Governor has no discretion to differ or delay necessary assent as required on the bills presented for assent. Any refusal on the part of the Governor including any delay will defeat the parliamentary democracy and the will of the people," it said.

This is the second time that the Bharat Rashtra Samithi (BRS) has knocked the court's door against the Governor.

Last month, the government moved Telangana High Court seeking direction to the Governor to give her approval to the state Budget for 2023-24. The court, however, had suggested both sides to sort out the issue amicably.