Solicitor General apprises SC about position of Bills before Telangana Guv
Apr 10, 2023
New Delhi [India], April 10 : Solicitor General Tushar Mehta on Monday apprised the Supreme Court about the position of the Bills before Telangana Governor Tamilisai Soundararajan.
Solicitor General of India Tushar Mehta has placed on the record the information which he has received from the Secretary to the Governor of Telangana on 9 April
in regard to the position of the Bills which were submitted to the Governor for assent.
The assents of Governor were given for the Bills --The Telangana Motor Vehicles Taxation (Amendment) Bill, 2022, The Telangana Municipalities (Amendment Bill), 2023 and The Professor Jayashankar Telangana Agricultural University
(Amendment) Bill, 2023.
The Bills that were reserved for consideration and assent are The University of Forestry Telangana Bill, 2022, The Telangana Universities Common Recruitment Board Bill, 2022.
The court was apprised that three bills are under active consideration ie The Telangana State Private Universities (Establishment and Regulation) (Amendment) Bill, 2022, The Telangana Municipal Laws (Amendment) Bill, 2022, The Telangana Public Employment (Regulation of Age of Superannuation) (Amendment) Bill, 2022.
The top court noted that the statement indicates that certain clarifications have been sought by the Governor from the State Government in regard to Telangana Panchayat Raj (Amendment) Bill 2023.
Moreover, it has been stated that the Azamabad Industrial Area (Termination and Regulation of Leases) (Amendment) Bill 2022 (LA Bill No 6 of 2022 has not been submitted as yet by the Law Department to the Governor for consideration and assent.
After noting the submission, a bench headed by Chief Justice of India DY Chandrachud listed the matter for April 24 April for further hearing Chief Minister K Chandrashekar Rao-led Telangana government has moved the Supreme Court aginst state Governor for kepping several Bills passed by the State Legislature by not clearing assent on it.
Telangana government mentioned 10 bills pending since 14th September 2022 till date for the assent of the Governor.
The petitioner urged the top court to declare that the inaction, omission and failure to comply with the constitutional mandate qua the assent of the bills by the Constitutional functionary the Governor as highly irregular, illegal and against the Constitutional mandate.
Telangana government also urged the top court to issue appropriate direction, to the Governor of Telangana, to forthwith give assent to the Bills pending, namely,
The Azamabad Industrial Area (Termination and Regulation of Leases) (Amendment) Bill, 2022, The Telangana Municipal Laws (Amendment) Bill, 2022, The Telangana Public Employment (Regulation of Age of Superannuation) (Amendment) Bill, 2022 , The University of Forestry Telangana Bill, 2022, The Telangana Universities Common Recruitment Board
Bill, 2022, The Telangana Motor Vehicles Taxation (Amendment) Bill, 2022, The Telangana State Private Universities (Establishment and Regulation (Amendment) Bill, 2022, The Professor Jayashankar Telangana State Agricultural University (Amendment) Bill, 2023, The Telangana Panchayat Raj (Amendment) Bill, 2023 and The Telangana Municipalities (Amendment) Bill, 2023.
In the petition, The State of Telangana said that it is constrained to move before the top court in view of a very frequent constitutional impasse created on account of the refusal of the Governor of the State of Telangana to act on several Bills passed by the State Legislature. These bills are pending since 14th September 2022 till date for the assent of the Governor.
"Article 200 is couched in mandatory language as it repeatedly uses the word "shall" thereby clearly suggesting that the Governor must act as soon as possible to either grant assent or withhold the assent and return the bill as envisaged only on the
advice of the council of ministers. 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," the petition read.
Pointing out the role of the Governor in the matter of assent to the Bills passed by both houses of the state legislature of the state of Telangana, the state govt said the State Legislature passed 7 Bills on September 13, 2022, and sent them to the Secretary to the Governor for the assent of the Governor on September 14 2022.
Similarly, 3 other Bills were passed in February 2023 by the State Assembly and on February 12 2023 by the State Legislative Council and sent to the secretary to the Governor for assent.
"The legislature in its wisdom has decided to amend certain provisions to the existing Statutes keeping in view the mandate of the people and the requirement to make changes to the appropriate law conforming to the present needs of the State," the petition said further.
