SC seeks Centre’s stand on Telangana plea against Governor

Any refusal or delay on the part of the Governor to clear Bills will defeat parliamentary democracy and will of the people, the State has said in its petition

The Supreme Court on March 20 sought the Centre’s stand on a petition filed by the Telangana Government against Governor Tamilisai Soundararajan for creating a “constitutional impasse” by refusing to act on several Bills passed by the State legislature.

A Bench led by Chief Justice of India D.Y. Chandrachud was to issue a formal notice to the Centre but Solicitor General Tushar Mehta, appearing for the Centre, said it would be enough to serve a copy of the petition to his side. The case was listed for hearing on March 27.

Senior advocate Dushyant Dave, for Telangana, said the State has specifically impleaded the Governor’s secretary in order for the court to issue notice to the office of the Governor.

However, the court said it would follow the convention of seeking a response from the Centre in cases in which Governors were involved.

Mr. Dave had earlier submitted that the Bills were pending since September 14 last year, awaiting the assent of the Governor.

“In a parliamentary democracy, the Governor has no discretion to delay necessary assent as required on the Bills. Any refusal on the part of the Governor, including delay, will defeat parliamentary democracy and will of the people,” the State has said in its petition filed through advocate S. Udaya Kumar Sagar.

The State has urged the court to “declare that the inaction, omission and failure to comply with the constitutional mandate qua the assent of the Bills by the Governor is highly irregular, illegal”.