[BREAKING] “Against Article 200 of the Constitution”: Bengal Govt Moves Supreme Court Against Governor for Withholding Assent for Bills

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Today, On 12th July, The Bengal government approached the Supreme Court, challenging the Governor’s decision to withhold assent for several bills, citing it as a violation of Article 200 of the Constitution. The state’s plea emphasizes the hindrance this creates in governance and legislative processes. This legal move underscores ongoing tensions between the state government and the Governor.

New Delhi: The West Bengal government, On Friday, approached the Supreme Court, challenging Governor CV Ananda Bose. The state accused the Governor of withholding assent to eight development-oriented bills, asserting that this action not only breaches constitutional provisions but also hinders effective governance.

The state government submitted a writ petition to the Supreme Court, requesting a swift hearing. Chief Justice DY Chandrachud’s bench agreed to hear the case.

This dispute between the West Bengal government and the Governor has been ongoing for about a month. Tensions escalated following the swearing-in of two Trinamool legislators, during which Chief Minister Mamata Banerjee raised concerns about women’s safety at Raj Bhavan in a meeting at Nabanna.

This incident resulted in a defamation case by the Governor against the Chief Minister. Now, the state has taken the issue to the Supreme Court.

The writ petition filed by lawyer Astha Sharma on behalf of the state. She argued that the Governor’s withholding of these bills violates Article 200 of the Constitution, impeding good governance and state welfare.

According to Article 200, the Governor required to either assent to a bill, withhold assent, or reserve the bill for the consideration of the President. The West Bengal government argues that the Governor’s persistent refusal to give assent without sufficient justification undermines the legislative process and hampers the state’s governance.

The eight bills awaiting the Governor’s assent include:

  1. The West Bengal University Laws (Amendment) Bill, passed on June 13, 2022.
  2. The West Bengal Animal and Fishery Sciences University (Amendment) Bill, passed on June 15, 2022.
  3. The West Bengal Private University Laws (Amendment) Bill, passed on June 14, 2022.
  4. The West Bengal Agriculture University Laws (Second Amendment) Bill, passed on June 17, 2022.
  5. The West Bengal Health Sciences University (Amendment) Bill, passed on June 21, 2022.
  6. The West Bengal Aliah University (Amendment) Bill, passed on June 23, 2022.
  7. The West Bengal Urban Planning and Development University (Amendment) Bill, passed on July 28, 2023.
  8. The West Bengal University Laws (Amendment) Bill, passed on August 4, 2023.

The first six bills passed during Jagdeep Dhankhar’s tenure as Governor, while the last two were passed after CV Ananda Bose took office. According to Nabanna, all eight bills remain stalled at Raj Bhavan.

By taking the issue to the Supreme Court, the Bengal government seeks a judicial intervention to ensure that the constitutional provisions are upheld and that the Governor’s role remains non-partisan and in accordance with constitutional mandates.

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