Telangana Chief Minister K Chandrashekar Rao-led Telangana government has moved the Supreme Court against the state Governor Tamilisai Soundararajan for not giving assent to Bills despite clearance by the legislature.
Telangana government mentioned that 10 Bills are pending with the governor for assent since September 14, 2022.
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 an 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 government 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 September 14, 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 the houses of the state legislature of the state of Telangana, 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.