Supreme Court Issues Notice To Union On West Bengal's Petition Against Governor Over Withholding Assent For Bills

The Supreme Court today ( July 26) issued notice to the Secretary to the Governor of West Bengal and the Union through the Ministry of Home Affairs in the State Government's challenge against the withholding assent on eight bills relating to University Laws in the State.

The bench led by CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra agreed to consider the matter and allowed the petitioner to implead Union through through Ministry of Home Affairs

"Issue notice to the 1st and the newly impleaded 3rd Respondent ( Secretary of the Honourable Governor of West Bengal and Union through Ministry of Home Affairs)"

In the writ petition filed under Article 32, the State contended that the Governor's refusal to give assent to the bills without stating any reason was contrary to the mandate of Article 200 of the Constitution.

Senior Advocate Jaideep Gupta, appearing for the State of West Bengal, informed the bench that after the State communicated a notice of mentioning of the present matter before the Court, the Governor's office had conveyed that few of the bills have been reserved for President's consideration, but there was no official confirmation this yet.

" After our notice of mentioning, the Governor's office has sent a letter that we have reserved some of the bills for the consideration of assent but there is no official correspondence"

Senior Advocate Abhishek Manu Singhvi, also appearing for the State, referred to the instance of the Governor of Tamil Nadu clearing certain bills only after the Top Court took cognisance of the matter in the petition filed by the State Government.

" This is now becoming a practice, in Tamil Nadu matter I filed a petition, and the moment the matter is listed, two bills are cleared, the next date comes again something is sent to the President, I don't understand why the Supreme Court has to list the matter before the Hon'ble Governor Acts"

Senior Advocate KK Venugopal weighed in to add that Governors referring the bills to The President of India reflects non-cooperation with the State Governments.The Senior Advocate was appearing in another matter relating to the State of Kerala's challenge to withhold assent to Bills

"Referring to the President seems an easy way out, where they don't want to cooperate ...very unfortunate state of affairs"

The State in its plea submitted that the Governor's omission threatened to "defeat and subvert" democratic good governance and infringed upon the rights of the people of the State to the welfare measures sought to be implemented through the bills. The first six bills were sent for assent when Jagdeep Dhankhar was the Governor. The last two bills were passed after CV Ananda Bose assumed the post of Governor.

In the petition, the State referred to the direction passed by the Supreme Court in the case against Telangana Governor that Governors should return the bills as soon as possible in terms of the mandate of Article 200. Reference is also made to the direction passed in the case against the Punjab governor, which states that governors cannot veto the legislature by simply sitting over the bills.

It may be noted that last year, the Governors of Tamil Nadu and Kerala had also faced criticism from the Supreme Court for not acting on bills.

The Bills on which the Governor's assent is pending are :

(1) The West Bengal University Laws (Amendment) Bill, 2022 passed on 13.06.2022;

(2) The West Bengal University of Animal and Fishery Sciences(Amendment) Bill 2022 passed on 15.06.2022;

(3) The West Bengal Private University Laws (Amendment) Bill, 2022 passed on 14.06.2022;

(4) The West Bengal Krishi Viswavidyalaya Laws (Second Amendment) Bill, 2022 passed on 17.06.2022;

(5) The West Bengal University of Health Sciences (Amendment) Bill, 2022 passed on 21.06.2022;

(6) The Aliah University (Amendment) Bill, 2022 passed on 23.06.2022;

(7) The West Bengal Town and Country (Planning and Development) (Amendment) Bill, 2023 passed on 28.07.2023;

(8) The West Bengal University Laws (Amendment) Bill, 2023 passed on 04.08.2023

Case Details : THE STATE OF WEST BENGAL Versus SECRETARY TO THE GOVERNOR OF WEST BENGAL AND ANR. W.P.(C) No. 278/2024