Governors Should Return Bills As Soon As Possible : Supreme Court Observes In Telangana Government's Plea Against Governor

In the plea filed by Telangana Government seeking directions to Governor Tamilisai Soundararajan to clear ten bills passed by the legislative assembly, which were awaiting her assent, the Supreme Court on Monday was informed that all the pending bills had been assented to by the Governor. The matter was listed before a bench comprising CJI DY Chandrachud and Justice PS Narasimha. While disposing of the matter, the bench observed that bills should be returned "as soon as possible" to give effect to the first proviso of Article 200 of the Indian Constitution. 

While the bench expressed its inclination to dispose of the matter right off the bat owing to all the bills having assented to, Senior Advocate Dushyant Dave urged the court to pass directions "once and for all" to put the issue at rest. He said–

"Elected government is at the mercy of the governor. Your lordships may decide this once and for all. In Madhya Pradesh bills are being assented to within one week, in Gujarat within one month. Telangana is an opposition state and so this is happening."

However, SG Mehta interjected to the same and argued that he would not generalise the matter like that. To this, Dave responded–

"You will not because you're a law officer appointed by the central government."

This resulted in a heated discourse between the SG and Dave with the SG stating that–

"Shouting will not help before this court."

At this juncture, the bench made its decision of disposing the matter clear. However, while disposing, the bench added –

"We are not entering upon the merits of the issues raised in the petition at this stage leaving the question of law open...The first proviso to Article 200 states that the governor must "as soon as possible" after the presentation of the bill for assent return the bill which is not a money bill together with a message for reconsideration to the house or houses of state legislature. The expression "as soon as possible" has a significant constitutional intent and must be borne into mind."

SG Mehta objected to the observation by the court and stated that the same was not necessary. To this, CJI said–

"Mr SG we have not made this observation for this governor. We said this must be borne into mind."

Through the petition, K. Chandrashekar Rao led BRS government had accused the Governor of "sitting" on the Bills. Soundararajan had dismissed the allegations, stating that she was closely analyzing the Bills.

Case Title: State of Telangana v. Secy To Her Excellency The Hon'ble Governor For The State of Telangana | Writ Petition(s)(Civil) No(s). 333/2023

Citation : 2023 LiveLaw (SC) 356

Constitution of India- Article 200- Governors must return bills as soon as possible- The first proviso to Article 200 states that the Governor may “as soon as possible after the presentation” of the Bill for assent, return the Bill if it is not a Money Bill together with a message for reconsideration to the House or Houses of the State Legislature. The expression “as soon as possible” has significant constitutional content and must be borne in mind by constitutional authorities

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