Telangana Govt Plea Over Bills Pending With Governor : Solicitor General To Inform Supreme Court About Updated Position On April 10

In the petition filed by the Telangana Government against the Telangana Governor over the delay in the giving assent to bills, the Supreme Court on March 27 granted adjournment to enable the Solicitor General of India Tushar Mehta to apprise the Court of the updated position. The matter will be next heard on 10 April 2023.

A bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala heard the matter.

Senior Advocate Dushyant Dave, appearing for the Telangana Government, requested the intervention of SG Mehta in the matter and asked him to advice the Governor against sitting on the bills passed by the legislative assembly. He said–

"These bills are pending for a period from last September 2022. I saw just now, in Madhya Pradesh bills are being assented to by the Governor within one week. In Gujarat, never more than one month. Why should these bills remain pending like this? I seek intervention of the learned Solicitor and he may inform your lordships on 29th and advise her excellency the Governor to not do this."

While Dave requested for the matter to be listed on 29th March, the bench stated that it would next be listed on 10th April 2023. Dave reiterated that the bills had been pending for long and argued–

"The bills have been passed by the assembly. People want these bills to be implemented. Why should it be delayed?"

At this juncture, SG Mehta informed the court that he already had a discussion with the Governor and requested the court to keep the matter on 10th. Dave continued pushing for his arguments and said–

"Why should this happen? Why should your lordships not inform the Governor that she cannot sit like this. She has not communicated anything, simply sits on the bills. Two constitution judgements – Shamsher Singh and Nabam Rebia – that is the law, the Governor is bound by the law. I am begging your lordships. It sends a very very wrong message...You may atleast indicate something in the orders, something to latch onto." 

However, the bench decided to adjourn the matter till 10th April 2023 and asked SG Mehta to apprise the Court of the updated position on the next date of hearing.

Background

Several key bills, including the Common Recruitment Board Bill, passed by the assembly in September 2022 is pending before the Governor. 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. This power is however to be exercised "as soon as possible", the Government conteded.

The following are the bills which are said to be pending :

The Azamabad Industrial Area (Termination and Regulation of Leases) (Amendment) Bill, 2022, Telangana Municipal Laws (Amendment) Bill, 2022, Telangana Public Employment (Regulation of Age of Superannuation) (Amendment) Bill, 2022 and University of Forestry Telangana Bill, 2022. Other Bills which the Government mentioned included Telangana Universities Common Recruitment Board Bill, 2022, Telangana Motor Vehicles Taxation (Amendment) Bill, 2022, Telangana State Private Universities (Establishment and Regulation) (Amendment) Bill, 2022, Professor Jayashankar Telangana State Agricultural University (Amendment) Bill, 2023, Telangana Panchayat Raj (Amendment) Bill, 2023 and the Telangana Municipalities (Amendment) Bill, 2023.

Case Title: State of Telangana v. Secretary to Her Excellency The Hon'ble Governor for the State of Telangana & Ors | Writ Petition(s)(Civil) No(s). 333/2023

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